Cuadrado v. State of New York et al
| Dimas Cuadrado |
| State of New York, Brueault, Carrol and Millet |
| 9:2014cv01293 |
| October 21, 2014 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Greene |
| Christian F. Hummel |
| David N. Hurd |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
21
DECISION AND ORDER: ORDERED that 19 Report and Recommendation is accepted and adopted in all respects. ORDERED that 13 Defendant Brueault's motion to dismiss is GRANTED; to the extent plaintiff asserts claims against defendant Bruea ult in his official capacity, those claims are DISMISSED WITH PREJUDICE. All remaining claims are DISMISSED WITHOUT PREJUDICE based on plaintiff's failure to fully exhaust administrative remedies. The Central Office Review Committee (" ;CORC") is directed to render a decision on plaintiff's pending grievance within thirty days of the date of this Decision and Order, that is, by May 8, 2015; If plaintiff does not receive a decision from the CORC by May 8, 2015, admin istrative remedies may be deemed unavailable to him and he may therefore be excused from exhausting; In the event plaintiff does not receive a decision from the CORC by May 8, 2015, he may refile this suit indicating such. In the event plaintiff does receive a decision from the CORC by May 8, 2015, he may refile this suit indicating such. Signed by Judge David N. Hurd on 4/8/15. {order served via regular mail on plaintiff}(nas)
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