Kanares Deans v. C.O. Green, Corrections Officer, Franklin Correctional Facility

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK KANARES DEANS, Plaintiff, 9:24-cv-374 (BKS/TWD) v. C.O. GREEN, Corrections Officer, Franklin Correctional Facility, Defendant.

Appearances: Plaintiff Pro Se: Kanares Deans 21-A-0879 Adirondack Correctional Facility Box 110 Ray Brook, NY 12977

For Defendant: Letitia James Attorney General for the State of New York Elizabeth V. Lombardi Assistant Attorney General South State Street, Suite 300 Syracuse, NY 13202 Hon. Brenda K. Sannes, Chief United States District Judge: MEMORANDUM-DECISION AND ORDER Plaintiff Kanares Deans commenced this action asserting claims under 42 U.S.C. § 1983 arising out of his incarceration at Franklin Correctional Facility. (Dkt. No. 1). On June 10, 2025, Defendant filed a motion for summary judgment under Fed. R. Civ. P. 56(a) seeking to dismiss the complaint arguing, inter alia, that Plaintiff failed to exhaust his administrative remedies. (Dkt. No. 28). Plaintiff filed a response on August 7, 2025, and defendant filed a reply on August 21, 2025. (Dkt. No. 39, 42). This matter was assigned to United States Magistrate Judge Thérèse Wiley Dancks who, on December 8, 2025, issued a Report-Recommendation and Order recommending that Defendant’s motion for summary judgment be granted based on Plaintiff’s failure to exhaust his administrative remedies, and that Plaintiff’s complaint be dismissed with prejudice. (Dkt. No. 43). Magistrate Judge Dancks advised the parties that under 28 U.S.C. § 636(b)(1), they had fourteen days within which to file written objections to the report and that the failure to object to the report within fourteen days would preclude appellate review. (Dkt. No. 43, at 15-16). No objections were filed.

As no objections to the Report-Recommendation have been filed, and the time for filing objections has expired, the Court reviews the Report-Recommendation for clear error. See Petersen v. Astrue, 2 F. Supp. 3d 223, 228–29 (N.D.N.Y. 2012); Fed. R. Civ. P. 72(b) advisory committee’s note to 1983 amendment. Having reviewed the Report-Recommendation for clear error and found none, the Court adopts the Report-Recommendation in its entirety.

For these reasons, it is ORDERED that the Report-Recommendation, (Dkt. No. 43), is ADOPTED in its entirety; and it is further ORDERED that Defendant’s summary judgment (Dkt. 28) is GRANTED; and it is further ORDERED that Plaintiff’s Complaint (Dkt. No. 1) is DISMISSED WITH PREJUDICE based upon his failure to exhaust his administrative remedies; and it is further ORDERED that the Clerk of the Court shall enter Judgment and close this case; and it is further ORDERED that the Clerk serve a copy of this Order upon the parties in accordance with the Local Rules.

IT IS SO ORDERED.

Dated: January 26, 2026 Syracuse, New York | ( Sane DADA ba Brenda K. Sannes Chief U.S. District Judge