Maldonado v. Gunsett

Opinion

|| DOCUMENT I □ a i wae ts Maldonado v. Gunsett et al, ATH Mp 2 Sf ] [2 □□ 21 CV 3719 (VB) parents Br 7fLe S □ □ & In the attached letter dated June 7, 2022 (Doc. #52), plaintiff, proceeding pro se and in 7 forma pauperis, states that the Attorney General “keeps making mistakes” in its June 2, 2022, letter to the Court (Doc. #48), regarding the dates of certain incidents alleged in the second amended complaint. Plaintiff also requests that the Court order plaintiff's transfer from Mid- □□ State Correctional Facility—where plaintiff currently resides—to protect him from unspecified 86 retaliation from one of the correction officers working at the facility whom the Attorney General □ recently identified as a “John Doe” defendant in the second amended complaint. (Doc. #48). With respect to the Attorney General’s purported “mistakes,” the Court’s review of the parties’ submissions indicates that there is no inconsistency between the parties’ understanding of the dates of the incidents that allegedly took place in 2005. That is, both plaintiff and the Attorney General appear to agree that the alleged incidents took place on February 1, 2005, and April 12, 2005. Accordingly, plaintiffs time to file a third amended complaint including the names of the additional John Doe defendants identified by the Attorney General remains July 1, 2022, as set forth in the Court’s Order dated June 10, 2022. (Doc. #50). With respect to plaintiff's request for injunctive relief, that request is DENIED. Even if the Court had the authority to provide such relief—which it does not—plaintiff’s general fear of future retaliation is too speculative to warrant injunctive relief. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Chambers will mail a copy of this Order to plaintiff at his address on the docket. Dated: June 17, 2022 White Plains, NY SO ORDERED:

Vincent L. Briccetti United States District Judge

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