Lee v. Graham et al
| Kareem Lee |
| David O'harer, H. Graham, M. Mattie and A. Kimak |
| 9:2013cv01022 |
| August 21, 2013 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Cayuga |
| Andrew T. Baxter |
| Thomas J. McAvoy |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
45
DECISION and ORDER: ORDERED that the Report-Recommendation, dkt. # 33 , is hereby ADOPTED. ORDERED that Defendants' motion to dismiss, dkt. # 23 , is hereby GRANTED; Plaintiff's complaint is hereby DISMISSED WITHOUT PREJUDICE for fail ure to adopt administrative remedies. ORDERED that Plaintiff's First Amendment retaliation claim is DISMISSED WITHOUT PREJUDICE for failure to exhaust and for failure to state a claim upon which relief can be granted. Plaintiff's claims against Defendants in their official capacities are DISMISSED WITH PREJUDICE. Signed by Senior Judge Thomas J. McAvoy on 12/23/14. {order served via regular mail on plaintiff}(nas)
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