Vazquez v. Astrue et al, No. 5:2018cv01492 - Document 26 (N.D.N.Y 2020)
Court Description: DECISION and ORDER: Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the # 22 Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). It is ORDERED that Pla intiff's # 20 motion to amend is DENIED; Plaintiff's # 21 motion for a preliminary injunction is DENIED; and the # 1 Complaint is DISMISSED in its entirety without prejudice but without further opportunity for amendment.The Clerk is directed to close the file and enter judgment accordingly. Signed by Judge David N. Hurd on March 18, 2020. (Copy served upon Pro Se Plaintiff via regular mail and certified mail)(kmp)
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Vazquez v. Astrue et al Doc. 26 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------JOSE P. VAZQUEZ, Plaintiff, -v- 5:18-CV-1492 (DNH/ATB) PAROLE NYS, individually and in its official capacity, Defendant. -------------------------------APPEARANCES: JOSE P. VAZQUEZ Plaintiff pro se 74-A-0117 Collins Correctional Facility P.O. Box 340 Collins, NY 14034 DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Jose P. Vazquez brought this purported civil rights action on December 27, 2018. On February 12, 2020, the Honorable Andrew T. Baxter, United States Magistrate Judge advised by Report-Recommendation that plaintiff's motion to amend and motion for preliminary injunction be denied, and the Complaint be dismissed in its entirety without prejudice but without further opportunity for amendment. Plaintiff filed objections to the Report-Recommendation. Dockets.Justia.com Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. ยง 636(b)(1). Therefore, it is ORDERED that 1. Plaintiff's motion to amend is DENIED; 2. Plaintiff's motion for a preliminary injunction is DENIED; and 3. The Complaint is DISMISSED in its entirety without prejudice but without further opportunity for amendment. The Clerk is directed to close the file and enter judgment accordingly. IT IS SO ORDERED. Dated: March 18, 2020 Utica, New York. -2-
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