United States District Court, S.D. New York
August 3, 2005.
JUAN HERNANDEZ, Plaintiff,
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.
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