Zielinski v. Annucci et al, No. 9:2017cv01042 - Document 74 (N.D.N.Y 2019)
Court Description: DECISION AND ORDER: ORDERED that 67 Report and Recommendation is accepted in whole. ORDERED that Plaintiff's motion seeking injunctive relief regarding denial of meals at Clinton Correctional Facility, Dkt. 17 , is DENIED without prejudice . ORDERED that Plaintiff's motion seeking injunctive relief regarding his placement in involuntary protective custody at Clinton Correctional Facility, Dkt. 28 , is DENIED as moot. ORDERED that Plaintiff's motion seeking to be returned to Clinton Correctional Facility, Dkt. 43 , is DENIED. ORDERED that in accordance with Magistrate Judge Dancks' Report-Recommendation and Order, plaintiff is directed to submit a copy of the final page of his proposed First Amended Complaint, Dkt. 29-3 at 3, to this Court bearing his original signature within thirty (30) days of the filing date of this Decision and Order. Signed by Judge David N. Hurd on 7/3/19. {order served via regular mail on plaintiff}(nas)
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Zielinski v. Annucci et al Doc. 74 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------JEREMY ZIELINSKI,1 Plaintiff, -v- 9:17-CV-1042 (DNH/TWD) ANTHONY ANNUCCI, DOCCS Acting Commissioner; MICHAEL KIRKPATRICK, Clinton Correctional Facility Superintendent; and JOHN DOES 1-9, Defendants. -------------------------------APPEARANCES: JEREMY ZIELINSKI Plaintiff pro se 16-A-3601 Auburn Correctional Facility P.O. Box 618 Auburn, NY 13021 HON. LETITIA JAMES Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 WILLIAM A. SCOTT, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Jeremy Zielinski brought this civil rights action pursuant to 42 U.S.C. § 1983. On March 19, 2019, the Honorable T hérèse Wiley Dancks, United States Magistrate 1 The Clerk is directed to amend the caption to reflect that this action is brought on behalf of plaintiff only. Dockets.Justia.com Judge, advised by Report-Recommendation that plaintiff's motion seeking injunctive relief regarding denial of meals at Clinton Correctional Facility be denied without prejudice; plaintiff's motion seeking injunctive relief regarding his placement in involuntary protective custody at Clinton Correctional Facility be denied as moot; and plaintiff’s motion seeking to be returned to Clinton Correctional Facility be denied. No objections to the ReportRecommendation have been filed.2 Magistrate Judge Dancks also made numerous rulings on plaintiff's motion to amend. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that 1. Plaintiff’s motion seeking injunctive relief regarding denial of meals at Clinton Correctional Facility, Dkt. 17, is DENIED without prejudice; 2. Plaintiff's motion seeking injunctive relief regarding his placement in involuntary protective custody at Clinton Correctional Facility, Dkt. 28, is DENIED as moot; 3. Plaintiff’s motion seeking to be returned to Clinton Correctional Facility, Dkt. 43, is DENIED; and 4. In accordance with Magistrate Judge Dancks' Report-Recommendation and Order, plaintiff is directed to submit a copy of the final page of his proposed First Amended 2 It is noted that plaintiff requested and was granted numerous extensions of time in which to submit objections but has failed to do so. A recent letter from plaintiff details the reasons why he was allegedly unable to submit objections; this same justification has been presented to the court before. In any event, a careful review of the entire file has been made. -2- Complaint, Dkt. 29-3 at 3, to this Court bearing his original signature within thirty (30) days of the filing date of this Decision and Order. Dated: July 3, 2019 Utica, New York. -3-
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