Cotto v. Federal Bureau of Prisons
- Analisa Torres
- 1:20-cv-03011
- U.S. District Court · Southern District of New York
- 1
In Cotto v. Federal Bureau of Prisons, Judge Torres dismissed the action without prejudice for failure to exhaust administrative remedies.
Eddie Cotto’s action against the Federal Bureau of Prisons and the other named defendants was dismissed without prejudice, and his identified motions were denied.
What happened
In Cotto v. Federal Bureau of Prisons, Eddie Cotto sued the Federal Bureau of Prisons and several named defendants. A magistrate judge recommended dismissing the case because Cotto had not completed the required administrative process.
Cotto did not object to that recommendation. The court also denied his motions for leniency, conspiracy and other tort claims, and permission to file an amended complaint.
Judge Analisa Torres found no clear error, adopted the recommendation in full, and dismissed the action without prejudice. The clerk was directed to close the case and mail Cotto a copy of the order.
The detailed version
- Cotto v. Federal Bureau of Prisons · No. 1:20-cv-03011
- Analisa Torres
- Feb. 26, 2021
Background
Eddie Cotto brought this action against the Federal Bureau of Prisons, the United States Department of Justice/Federal Bureau of Prisons, and named individual defendants. The opinion states that Cotto was proceeding without a lawyer. The case included motions concerning “leniency,” conspiracy and other tort claims, and permission to file an amended complaint.
On February 1, 2021, Magistrate Judge Debra C. Freeman issued a Report and Recommendation. It recommended denying Cotto’s motions and dismissing the action without prejudice because he had failed to exhaust his administrative remedies, meaning he had not completed the required administrative process before bringing the claims in court. A copy was mailed to Cotto on February 3, 2021.
Court’s Review and Ruling
Cotto filed no objections to the Report and Recommendation. Judge Analisa Torres therefore reviewed it for clear error, found none, and adopted it in its entirety.
The court denied Cotto’s motions for leniency, conspiracy and other tort claims, and leave to file an amended complaint. It dismissed the action without prejudice. The clerk was directed to terminate the motions at ECF Nos. 9 and 13, close the case, and mail Cotto a copy of the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.