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15-253 - Kearney v. NYS DOCCS et al


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15-253 - Kearney v. NYS DOCCS et al
January 4, 2017
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MEMORANDUM-DECISION AND ORDER granting Defendants' motion to dismiss for failure to exhaust. After carefully considering the entire record in this matter, the parties' submissions and the applicable law, and for the reasons stated herein, the Court hereby ORDERS that Defendants' motion to dismiss for failure to exhaust is GRANTED; and the Court further ORDERS that the Clerk of the Court shall enter judgment in Defendants' favor and close this case; and the Court further ORDERS that pro bono trial counsel, Gennaro D. Calabrese, is relieved as pro bono counsel effective immediately; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 01/04/2017. (Copy served via regular mail)(bto)