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HERNANDEZ v. GOORD

United States District Court, S.D. New York


August 3, 2005.

JUAN HERNANDEZ, Plaintiff,
v.
GLEN S. GOORD, et al., Defendants.

The opinion of the court was delivered by: DOUGLAS EATON, Magistrate Judge

MEMORANDUM AND ORDER

I am responding to plaintiff's letters to me dated January 31, February 5, March 23, May 2, May 6, June 2, June 3, June 13 and July 27, 2005.

In the June 2 letter, plaintiff again requests our Court to order his transfer "from Green Haven to another prison in this area." I deny this request for the reasons already stated in Judge Stein's order dated December 29, 2004 (and filed on January 5, 2005), at pages 3-4, where Judge Stein ruled on this issue. At page 3, Judge Stein read plaintiff's various letters liberally, and said he might construe plaintiff's "request for a transfer as a request for preliminary injunctive relief." Judge Stein wrote: ". . . the Court denies his request for a preliminary injunction transferring him from Green Haven Correctional Facility." This answers plaintiff's question in his May 6, 2005 letter regarding the notation in PACER for Docket Item No. 58 which refers to a "request for a preliminary injunction."

  As to plaintiff's July 27 letter, the Marshal's Office has informed me that they are in the process of serving the Third Amended Complaint. AAG Nowve will advise me as soon as at least six of the new defendants have contacted him about this case. At that time, I will issue a revised scheduling order.

20050803

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