UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK JOHN HAMLETT, Plaintiff, 9:17-cv-0939 (GLS/TWD) v. SERGEANT STOTLER et al., Defendants APPEARANCES: OF COUNSEL: FOR PLAINTIFF: JOHN HAMLETT 08-A-0598 Green Haven Correctional Facility P.O. Box 400 Stormville, NY 12582 BOND, SCHOENECK & KING, PLLC JOHN F. BOYD, ESQ. One Lincoln Center GEORGE H. LOWE, ESQ. Syracuse, NY 13202 FOR DEFENDANTS: HON LETITIA JAMES RYAN L. ABEL 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 an

Amended Order and Report-Recommendation (R&R) by Magistrate Judge Thérése Wiley Dancks duly filed on August 15, 2019. (Dkt. No. 56.) Following fourteen days from the service thereof, the Clerk has sent the

file, including any and all objections filed by the parties herein.1 No objections having been filed, and the court having reviewed the R&R for clear error, it is hereby ORDERED that the Amended Order and Report-Recommendation

(Dkt. No. 56) is ADOPTED in its entirety; and it is further ORDERED that defendants’ motion for summary judgment (Dkt. No. 16) is DENIED; and it is further

1 Following this court’s adoption of a prior Order and Report- Recommendation, (Dkt. No. 28), Judge Dancks presided over an exhaustion hearing, which necessarily reopened defendants’ motion seeking summary judgment on a failure to exhaust theory, (Dkt. No. 45). Following that hearing, defendants submitted supplemental briefing and plaintiff John Hamlett submitted proposed findings of fact and conclusions of law. (Dkt. Nos. 50, 52.) The R&R does not specifically recommend the denial of defendants’ motion, but this court interprets it to have that effect based upon the specific recommendation, which is now adopted, that the administrative remedies under the grievance program were rendered “unavailable” within the meaning of Ross v. Blake,

(2016). 2 ORDERED that the Clerk provide a copy of this Order to the parties in accordance with the Local Rules of Practice. IT 1S SO ORDERED. September 11, 2019 Albany, New York S. District Judge