Dixon v. Attica Correctional Facility
- Analisa Torres
- 1:19-cv-02397
- U.S. District Court · Southern District of New York
- 1
In Dixon v. Attica Correctional Facility, Judge Torres granted dismissal without prejudice because Dixon had not exhausted his claims.
Isaac Dixon’s case was dismissed without prejudice after the court granted Attica Correctional Facility’s motion to dismiss for lack of exhaustion. Dixon was representing himself.
What happened
Isaac Dixon brought this case against Attica Correctional Facility. The court considered the respondent’s motion to dismiss for failure to exhaust available procedures, but the opinion does not identify the underlying claims.
Dixon did not object to a magistrate judge’s Report and Recommendation. The court reviewed that recommendation for clear error and found none, including after noting that it had been sent to Dixon’s last address.
Judge Analisa Torres adopted the recommendation in full and granted the motion to dismiss without prejudice. The clerk was directed to close the case and mail the order to Dixon, who was representing himself.
The detailed version
- Dixon v. Attica Correctional Facility · No. 1:19-cv-02397
- Analisa Torres
- Sept. 30, 2020
Background
Isaac Dixon was the petitioner, and Attica Correctional Facility was the respondent. The respondent moved to dismiss for lack of exhaustion, meaning that Dixon had not completed the required available procedures before pursuing this case. The opinion does not explain the underlying claims or identify the specific process that the court found uncompleted.
A magistrate judge issued a Report and Recommendation. Dixon filed no objections. The recommendation was sent to Dixon’s last address. The order also notes that Dixon later filed a letter stating that he had filed an appeal in state court and discusses New York orders tolling certain state-law deadlines during the relevant period.
Ruling
Because there were no objections, the court reviewed the recommendation for clear error and found none. Judge Analisa Torres adopted the Report and Recommendation in its entirety. The court granted the respondent’s motion to dismiss for lack of exhaustion without prejudice.
Disposition
The clerk was directed to terminate the motion at ECF No. 12, close the case, and mail a copy of the order to Dixon, who was proceeding without a lawyer.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.