Ali Cisse v. Amber J. Bliss, Jason Miller, and R. Pflueger

Summary

The United States District Court for the Northern District of New York adopted a magistrate judge's Report and Recommendation concluding that Ali Cisse failed to exhaust administrative remedies for his retaliation claim against Defendant Jason Miller concerning an alleged negative informational report. The court granted Miller's motion for partial summary judgment and dismissed that retaliation claim.

Holdings

1. When a party fails to make specific objections to a magistrate judge's Report and Recommendation, the district court reviews the recommendation for clear error.
2. Plaintiff failed to exhaust available administrative remedies regarding his retaliation claim based on the alleged negative informational report filed by Defendant Miller.
3. Plaintiff was not excused from exhausting administrative remedies because the Marcy Correctional Facility grievance process was available and functioning.
4. Defendant Miller was entitled to partial summary judgment on the retaliation claim arising from the alleged March 28, 2023 negative informational report, and that claim was dismissed.

Questions Presented

1. Whether the district court should review the magistrate judge's Report and Recommendation for clear error because Plaintiff filed no specific objections.
2. Whether Plaintiff exhausted available administrative remedies with respect to his retaliation claim based on the alleged negative informational report filed by Defendant Miller.
3. Whether the grievance process was unavailable to Plaintiff so as to excuse non-exhaustion.
4. Whether Defendant Miller was entitled to partial summary judgment on the retaliation claim.

Disposition

dismissed