Blaylock v. Montalbano et al

Filing 57

ORDER denying as moot 55 Motion for Injunction. Blaylock may be entitled to amend his Complaint to raise new claims relating to the events that led to his October 4, 2011 motion. However, Blaylock is cautioned that he is required by the Prison Litigation Reform Act to exhaust any available administrative remedies before doing so. 42 U.S.C§1997e(s). So Ordered by Judge Nicholas G. Garaufis on 10/19/2011. (c/m to pro se) (Lee, Tiffeny)

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FILED I C- IN ClERK'S OFFI,:) u.s. DISTRICT COURT~-~·v.\ UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------------------){ * ocr 2 1 2011 * BROOKLYN OFFICE MICHAEL BLAYLOCK, Plaintiff, ORDER 09-CV-3277 (NGG) (MDG) -againstCHRISTIN MONTALBANO, Medical Doctor at Arthur Kill Correctional Facility, DR. LESTER WRIGHT, Deputy Commissioner for Health Services for New York State Department of Correctional Services, and DENNIS BRESLIN, Superintendent at Arthur Kill Correctional Facility, each sued in their official and individual capacities, Defendants. -------------------------------------------------------------------){ NICHOLAS G. GARAUFIS, United States District Judge. On October 4, 20 II, Plaintiff Michael Blaylock moved the court to enjoin his transfer from Arthur Kill Correctional Facility to Mid-State Correctional Facility. (Docket Entry# 55.) On October 18,2011, the court received a letter from Blaylock, dated October 13,2011, in which he stated that he had already been transferred to Mid-State Correctional Facility. (The letter is not yet docketed.) Blaylock's October 4, 2011 motion is therefore DENIED as moot. Blaylock may be entitled to amend his Complaint to raise new claims relating to the events that led to his October 4, 2011 motion. However, Blaylock is cautioned that he is required by the Prison Litigation Reform Act to exhaust any available administrative remedies before doing so. 42 U.S.C. § 1997e(a). SO ORDERED. s/Nicholas G. Garaufis Dated: Brooklyn, New York October .lj_, 2011 NICHOLAS G. GARAUFISV United States District Judge

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