Cesar Mateo v. Superintendent Robert Ercole et al
| Cesar Mateo |
| Robert Ercole, G. Williams and M. Kasper |
| 1:2008cv10450 |
| December 3, 2008 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Dutchess |
| William H. Pauley |
| Plaintiff |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
31
MEMORANDUM AND OPINION AND ORDER: For the reasons that follow, the Court converts defendants motion to one for summary judgment and grants the converted motion. Defendants have adequately demonstrated that Mateo failed to exhaust his administrative r emedies before filing suit in federal court, and plaintiff has not plausibly explained why any exception to exhaustion should apply. For the reasons given above, the action is dismissed without prejudice. In the event that the plaintiff has exhausted or does exhaust his administrative remedies fully, he may refile his complaint and reinstitute his suit. (Signed by Judge Richard J. Holwell on 9/16/2010) (jfe) Modified on 9/17/2010 (jfe).
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Filing
9
ORDER: It is hereby ORDERED that the telephone conference scheduled for June 16, 2009, is hereby rescheduled to June 23, 2009, at 10:00 am. The office of the Attorney General shall make arrangements for Plaintiff to participate in a telephone conference call with the Court, at that time, with respect to all of the above-captioned cases, and shall initiate that call to my chambers. (Signed by Magistrate Judge Debra C. Freeman on 6/10/2009) Copies Mailed By Chambers.(jpo)
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Filing
7
ORDER, that as to the cases 08-10450 and 08-11093, the Court's Pro Se Office is directed to arrange for the issuance of a Supplemental Summons, and to provide Plaintiff with a copy of the Complaint, Supplemental Summons, and to provide Plaintiff with a copy of the Complaint, Supplemental Summons...Plaintiff's time to serve Defendants in these cases, pursuant to FRCP 4(m), is extended to 5/29/09. As to the cases of 08-8797 and 08-7779, discovery shall be stayed pending service of proces s on Defendants in the cases referred to in paragraph 1, above. The Office of the Attorney General shall make arrangements for Plaintiff to participate in a telephone conference call with the Court on 6/16/09, at 10:00 am, with respect to all of the above-captioned cases, and shall initiate that call to my chambers on that date. ( Service due by 5/29/2009., Telephone Conference set for 6/16/2009 at 10:00 AM before Magistrate Judge Debra C. Freeman.) (Signed by Magistrate Judge Debra C. Freeman on 4/3/09) Copies sent by chambers.(cd)
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