Merritt v. Hicks et al

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
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ELISHA MERRITT,
Plaintiff,
-v- 	9:23-CV-1465 (DNH/TWD)
S. WOLF et al.,
Defendants.
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DAVID N. HURD
United States District Judge
ORDER ON REPORT & RECOMMENDATION
On November 22, 2023, pro se plaintiff Elisha Merritt (“plaintiff”) filed
this 42 U.S.C. § 1983 action alleging that defendants violated his civil rights
in 2017 while he was in the custody of the New York State Department of
Corrections and Community Supervision (“DOCCS”). Dkt. No. 1. Along with
his complaint, plaintiff moved for leave to proceed in forma pauperis (“IFP
Application”). Dkt. Nos. 2, 3.
After plaintiff amended his complaint, Dkt. No. 21, this Court determined
that plaintiff’s civil rights claims required a response from defendants Wolf,
Gates, Fenlong, Coffey, Best, Helvie, and Marra. Dkt. No. 22. Thereafter, in
lieu of an answer, defendants moved for summary judgment or to dismiss the
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complaint as time-barred. Dkt. No. 58. That motion was fully briefed. Dkt.
No. 64, 68, 69, 70, 71.
On December 12, 2025, U.S. Magistrate Judge Thérèse Wiley Dancks
advised by Report & Recommendation (“R&R”) that defendant’s motion be
granted and that plaintiff’s complaint be dismissed with prejudice as time-
barred. Dkt. No. 72.
Neither party has lodged objections to the R&R, and the time period in
which to do so has expired. See Dkt. No. 72.
Therefore, it is
ORDERED that
1. The Report & Recommendation (Dkt. No. 72) is ACCEPTED;
2. Defendant’s motion for summary judgment (Dkt. No. 58) is GRANTED;
3. Plaintiff’s operative complaint (Dkt. No. 21) is DISMISSED.
The Clerk of the Court is directed to terminate the pending motions, enter
a judgment accordingly, and close the file.
IT IS SO ORDERED.
Dated: January 5, 2026
Utica, New York.
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