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Guillory v. Nursing Supervisor

United States District Court, N.D. New York
Nov 30, 2021
5:21-CV-1177 (N.D.N.Y. Nov. 30, 2021)

Opinion

5:21-CV-1177

11-30-2021

PATRICK GUILLORY, Plaintiff, v. NURSING SUPERVISOR et al., Defendants.

PATRICK GUILLORY Plaintiff, Pro Se BOND SCHOENECK & KING, PLLC ADAM P. MASTROLEO, ESQ. Attorneys for Defendants


PATRICK GUILLORY

Plaintiff, Pro Se

BOND SCHOENECK & KING, PLLC

ADAM P. MASTROLEO, ESQ.

Attorneys for Defendants

ORDER ON REPORT & RECOMMENDATION

DAVID N. HURD, UNITED STATES DISTRICT JUDGE.

On October 28, 2021, pro se plaintiff Patrick Guillory (“plaintiff”) filed this action against several hospital employees alleging that they retaliated against him for engaging in certain constitutionally protected conduct. Dkt. No. 1. Plaintiff also sought leave to proceed in forma pauperis (“IFP application”). Dkt. No. 3.

On November 2, 2021, U.S. Magistrate Judge Andrew T. Baxter granted plaintiff's IFP application for the limited purpose of filing and advised by Report & Recommendation (“R&R”) that plaintiff's complaint be dismissed without prejudice and without leave to amend. Dkt. No. 4. In light of plaintiff's extensive history of filing frivolous complaints in this judicial district, Judge Baxter's R&R further recommended that this matter be referred to Chief District Judge Glenn T. Suddaby for the issuance of a pre-filing injunction. Id.

Plaintiff has not filed objections, and the time period in which to do so has expired. See Dkt. No. 4. Upon review for clear error, the R&R will be accepted and adopted in all respects. See Fed. R. Civ. P. 72(b).

Therefore, it is

ORDERED that

1. The Report & Recommendation is ACCEPTED;
2. Plaintiff's complaint is DISMISSED WITHOUT LEAVE TO AMEND; and
3. This matter is REFERRED to Chief Judge Suddaby for the issuance of a pre-filing injunction permanently enjoining plaintiff from filing any other pro se cases in this District without leave of the Chief District Judge.

IT IS SO ORDERED.


Summaries of

Guillory v. Nursing Supervisor

United States District Court, N.D. New York
Nov 30, 2021
5:21-CV-1177 (N.D.N.Y. Nov. 30, 2021)
Case details for

Guillory v. Nursing Supervisor

Case Details

Full title:PATRICK GUILLORY, Plaintiff, v. NURSING SUPERVISOR et al., Defendants.

Court:United States District Court, N.D. New York

Date published: Nov 30, 2021

Citations

5:21-CV-1177 (N.D.N.Y. Nov. 30, 2021)

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