Paige et al v. FCI Berlin, Warden et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Lamont Paige
v. 	Case No. 18-cv-670-SM
FCI-Berlin Warden Robert Hazlewood,
(former) FCI-Berlin Religious
Services Assistant FNU Feliciano,
and FCI-Berlin Chaplain FNU Thomas
REPORT AND RECOMMENDATION
Before the court is the defendants’ motion (Doc. No. 40)
seeking to dismiss Claims 4-6, as numbered by this court,
regarding incidents occurring in 2019, as to which plaintiff had
not exhausted his available Bureau of Prisons (“BOP”)
administrative remedies before adding those claims to this case,
as required by the Prison Litigation Reform Act (“PLRA”), 42
U.S.C. § 1997e. 	This court construed that motion as a motion
for partial summary judgment as to Claims 4-6, see Feb. 24, 2020
Order (Doc. No. 41), and granted the parties an opportunity for
additional briefing and discovery. 	Plaintiff, Lamont Paige, has
objected to the motion for partial summary judgment. 	Doc. Nos.
47, 51.
For reasons stated in defendants’ motion (Doc. No. 40) and
in defendants’ supplemental filings (Doc. Nos. 46, 49), the
motion for partial summary judgment is properly granted, insofar
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as plaintiff failed to exhaust the BOP remedies that were
available to him, with respect to Claims 4-6, as required.
Conclusion
For the foregoing reasons, the district judge should grant
the motion for partial summary judgment (Doc. No. 40) with
respect to Claims 4, 5, and 6, because of plaintiff’s failure to
exhaust available BOP remedies before filing those claims, as
required by the PLRA. 	Any objections to this Report and
Recommendation must be filed within fourteen days of receipt of
this notice. 	See Fed. R. Civ. P. 72(b)(2). 	The fourteen-day
period may be extended upon motion. 	Failure to file specific
written objections to the Report and Recommendation within the
specified time waives the right to appeal the district court’s
order. 	See Santos-Santos v. Torres-Centeno, 842 F.3d 163, 168
(1st Cir. 2016).
______________________________
Andrea K. Johnstone
United States Magistrate Judge
July 7, 2020
cc: 	Lamont Paige, pro se
Michael T. McCormack, Esq.
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