Opinion
1:22-CV-0855 (BKS/DJS)
09-08-2022
ROBERT MALEK, in care of M.M., Plaintiff, v. LETITIA JAMES, et al., Defendants.
DECISION AND ORDER
BRENDA K. SANNES, CHIEF UNITED STATES DISTRICT JUDGE
Plaintiff Robert Malek ("Plaintiff") commenced this action by filing a pro se civil rights complaint against various individuals and entities. Dkt. No. 1 ("Compl."). On August 23, 2022, Plantiff filed a motion for recusal of the undersigned, which was docketed in each of his three cases pending in this District. See Dkt. No. 6; Malek I, Dkt. No. 130; Malek II, Dkt. No. 18. By Decision and Order entered on September 6, 2022, this Court denied plaintiff's motion for recusal in Malek I. See Malek I, Dkt. No. 134. For the reasons set forth in that Decision and Order, plaintiff's motion for recusal in this case is also denied.
On November 15, 2021, plaintiff commenced his first of three actions in this District. See Malek v. New York State Unified Court System, et al., 1:21-CV-1230 (BKS/DJS) ("Malek I"), Dkt. No. 1 (N.D.N.Y. filed Nov. 15, 2022). On February 22, 2022, plaintiff commenced his second of three actions in this District. See Malek v. New York State Unified Court System et al., 1:22-CV-0167 (BKS/DJS) ("Malek II"), Dkt. No. 1 (N.D.N.Y filed Feb. 22, 2022). By Text Order entered on February 28, 2022, Senior Judge recused himself from these cases, which were reassigned to the undersigned for all further proceedings. See Malek I, Dkt. No. 9; Malek II, Dkt. No. 9. Thereafter, plaintiff commenced the instant action, which was deemed related to Malek I and Malek II and therefore also assigned to the undersigned. See Dkt. No. 5.
WHEREFORE, it is hereby
ORDERED that Plaintiff's motion for recusal (Dkt. No. 6) is DENIED; and it is further
ORDERED that the Clerk shall attach to this Decision and Order a copy of the Decision and Order entered in Malek I denying the same motion for recusal; and it is further
ORDERED that the Clerk shall serve a copy of this Decision and Order on the parties.
IT IS SO ORDERED.