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Guillory v. Boll

United States District Court, Second Circuit

June 11, 2013

PATRICK GUILLORY, Plaintiff,
v.
MAUREEN BOLL, Deputy Commissioner and Counsel, Department of Corrections and Community Supervision; and B. JOHNSTON, Lieutenant, Bare Hill Correctional Facility, Defendants.

PATRICK GUILLORY, Malone, New York, Plaintiff pro se.

OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL DOUGLAS J. GOGLIA, AAG, KELLY L. MUNKWITZ, AAG, Albany, New York, Attorneys for Defendants.

ORDER

FREDERICK J. SCULLIN, Jr., Senior District Judge.

On June 3, 2013, Plaintiff filed a motion for recusal, see Dkt. No. 39, and a letter motion requesting that this Court remove Magistrate Judge Peebles from this action, see Dkt. No. 40. In a Text Order dated June 4, 2013, Magistrate Judge Peebles denied Plaintiff's motion for recusal and explained, in great detail, the nature of and reason for the Court's communication with the Attorney General's office. See Dkt. No. 41. On June 10, 2013, Plaintiff filed an appeal from Magistrate Judge Peebles' Text Order. See Dkt. No. 42.

The Court has reviewed the entire record in this matter and has carefully considered Plaintiff's accusations regarding the basis for the Court's communication with the Attorney General's office and concludes that Magistrate Judge Peebles did not engage in or instruct court personnel to engage in any improper ex parte communications with the Attorney General's Office. To the contrary, given the procedural nature of this communication, Magistrate Judge Peebles handled this situation appropriately and in accordance with this Court's practice.

Accordingly, the Court hereby

ORDERS that Plaintiff's appeal from Magistrate Judge Peebles' June 4, 2013 Text Order is REJECTED and that Text Order denying Plaintiff's motion for recusal, see Dkt. No. 39, is AFFIRMED; and the Court further

ORDERS that Plaintiff's letter motion requesting that this Court remove Magistrate Judge Peebles from this action, see Dkt. No. 40, is DENIED.

IT IS SO ORDERED.


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