Dzwonczyk v. Syracuse Housing Authority et al

Filing 93

ORDER: The Court is in receipt of a letter dated 7/24/09 from plaintiff requesting a settlement conference, however this action is and remains closed until such time as plaintiff requests that it be reopened and certifies to the court that he is full y able to participate in the litigation process. Since it appears from his letter that plaintiff currently resides in Poland, he is unable to meet this requirement. The Court will take no action regarding this letter until such time as the case is reopened. The Court Clerk is directed to file and docket plaintiff's letter dated 7/24/09. Signed by Magistrate Judge David E. Peebles on 7/31/09. {Copy mailed to plaintiff in Poland by regular mail} (jmb)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK ____________________________________ WLODZIMIERZ J. DZWONCZYK, Plaintiff, Civil Action No. 5:08-CV-557 (NPM/DEP) vs. SYRACUSE CITY POLICE DEPT., et al., Defendants. ____________________________________ APPEARANCES: FOR PLAINTIFF: WLODZIMIERZ DZWONCZYK, Pro Se UL. CMENTARNA 7a/2 59-500 ZLOTORYJA POLAND FOR DEFENDANTS: CITY OF SYRACUSE CORPORATION COUNSEL 233 East Washington Street Room 301 City Hall Syracuse, NY 13202 SLIWA, LANE LAW FIRM 237 Main Street 840 Main-Seneca Building Buffalo, NY 14203-2715 RORY McMAHON, ESQ. OF COUNSEL:

PAUL F. MURAK, ESQ.

ONONDAGA COUNTY ATTORNEY'S OFFICE 421 Montgomery Street 10th Floor Syracuse, NY 13202 DAVID E. PEEBLES U.S. MAGISTRATE JUDGE ORDER

KAREN ANN BLESKOSKI, ESQ.

The court is in receipt of a letter dated July 17, 2009 from plaintiff Wlodzimierz Dzwonczyk and addressed to Chief District Judge Norman A. Mordue, Senior District Judge Neal P. McCurn, and myself. The letter, although labeled as a "complaint", requests certain relief in connection with this action including, inter alia, that the court rescind two prior orders issued in the case, one by me on October 23, 2008 (Dkt. No. 43) and the other by Chief Judge Mordue on November 13, 2008 (Dkt. No. 69), and that this matter be "transferred" to Binghamton, New York. This action is and remains closed until such time as plaintiff requests that it be reopened and certifies to the court that he is fully able to participate in the litigation process, including by attending required inperson court appearances. Accordingly, plaintiff's letter will be filed and docketed, but no action will be taken by the court concerning it until such

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time as the action is reopened. Plaintiff is advised that if it was his intention to commence a separate suit asserting legal claims against Clerk Court Lawrence Baerman and/or other members of his staff, then in that event he must submit a formal written complaint in compliance with the requirements of Rules 8 and 10 of the Federal Rules of Civil Procedure, accompanied by either the statutory filing fee of $350 or an application for leave to proceed in forma pauperis, naming the individual staff members against whom his complaint is made and setting forth the legal basis upon which his claims are asserted. The clerk is directed to file and docket plaintiff's letter dated July 17, 2009. It is hereby SO ORDERED.

Dated:

July 31, 2009 Syracuse, New York

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