Malek v. New York State Unified Court System et al, No. 1:2022cv00167 - Document 20 (N.D.N.Y 2022)

Court Description: DECISION and ORDER: It is hereby ORDERED that Plaintiff's motion for recusal (Dkt. No. 18 ) is DENIED. It is further ORDERED that the Clerk shall attach to this Decision and Order a copy of the Decision and Order entered in Malek I denying the same motion for recusal. Signed by Chief Judge Brenda K. Sannes on 9/6/2022. [Copy of Order and Order with case law from Malek I served upon pro se plaintiff via regular mail.] (nmk)

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Malek v. New York State Unified Court System et al Doc. 20 Case 1:22-cv-00167-BKS-DJS Document 20 Filed 09/06/22 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ROBERT MALEK, in care of M.M., Plaintiff, 1:22-CV-0167 (BKS/DJS) v. NEW YORK STATE UNIFIED COURT SYSTEM, et al., Defendants. APPEARANCES: OF COUNSEL: ROBERT MALEK Plaintiff, pro se East Meadow, NY 11554 BRENDA K. SANNES Chief United States District Judge DECISION and ORDER Plaintiff Robert Malek ("Plaintiff") commenced this action by filing a pro se civil rights complaint against various individuals and entities. Dkt. No. 1 ("Compl.").1 On August 23, 2022, Plantiff filed a motion for recusal of the undersigned, which was docketed in each of his three cases pending in this District. See Dkt. No. 18; Malek I, Dkt. No. 130; Malek III, Dkt. No. 6. By Decision and Order entered on September 6, 2022, this Court denied plaintiff's motion for recusal in Malek I. See Malek I, Dkt. No. 134. For the reasons set forth in that 1 This action was originally assigned to the Honorable Thomas J. McAvoy. By Text Order entered on February 28, 2022, Senior Judge recused himself from this case and a prior case filed by plaintiff in this District, and both cases were reassigned to the undersigned for all further proceedings. See Dkt. No. 6; Malek v. New York State Unified Court System, et al., 1:21-CV-1230 (BKS/DJS) ("Malek I"), Dkt. No. 9, (N.D.N.Y. filed Feb. 22, 2022). Thereafter, plaintiff commenced a third action in this District, which was deemed related to this action and therefore also assigned to the undersigned. See Malek v. James et al., 1:22-CV-0855 (BKS/DJS) ("Malek III"), Dkt. No. 5 (N.D.N.Y. Aug. 19, 2022). Dockets.Justia.com Case 1:22-cv-00167-BKS-DJS Document 20 Filed 09/06/22 Page 2 of 2 Decision and Order, plaintiff's motion for recusal in this case is also denied. WHEREFORE, it is hereby ORDERED that Plaintiff's motion for recusal (Dkt. No. 18) is DENIED; and it is further ORDERED that the Clerk shall attach to this Decision and Order a copy of the Decision and Order entered in Malek I denying the same motion for recusal; and it is further ORDERED that the Clerk shall serve a copy of this Decision and Order on the parties. IT IS SO ORDERED. Dated: September 6, 2022 Syracuse, New York 2

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