Fox v. Gifford ( 2023 )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK JAVELL FOX, Plaintiff, 9:20-cv-797 (GLS/ML) v. C.O. ANDREJ L. GIFFORD, Defendant. APPEARANCES: OF COUNSEL: FOR THE PLAINTIFF: Javell Fox Pro Se 12-B-1626 Walkill Correctional Facility Box G Walkill, NY 12589 FOR THE DEFENDANT: HON. LETITIA JAMES PETER A. McDANIEL New York State Attorney General Assistant Attorney General The Capitol Albany, NY 12224 Gary L. Sharpe Senior District Judge ORDER The above-captioned matter comes to this court following a Report- Recommendation (R&R) by Magistrate Judge Miroslav Lovric, duly filed February 16, 2023. (Dkt. No. 57.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the R&R for clear error, it is hereby ORDERED that the Report-Recommendation (Dkt. No. 57) is ADOPTED in its entirety; and it is further ORDERED that defendant’s motion for summary judgment (Dkt. No. 33) is DENIED; and it is further ORDERED that an exhaustion hearing pursuant to Messa v. Goord, 652 F.3d 305 (2d Cir. 2011) will be scheduled in due course to determine whether plaintiff properly exhausted his administrative remedies; and it is further ORDERED that the matter is referred to Magistrate Judge Miroslav Lovric to conduct the aforementioned exhaustion hearing and prepare a report-recommendation; and it is further ORDERED that the Clerk provide a copy of this Order to the parties in accordance with the Local Rules of Practice. IT IS SO ORDERED. March 8, 2023 ; |. S Albany, New York ; SHistict Judge