Woodward v. Ali et al

Filing 208

DECISION AND ORDER: ORDERED that the 199 Report-Recommendation is accepted and adopted in all respects. ORDERED that 197 Plaintiff's motion to vacate the consent to proceed before United States Magistrate Judge Daniel J. Stewart is DENIED. Signed by Judge David N. Hurd on 7/3/19. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------SHAWN WOODWARD,
Plaintiff,
-v-

9:13-CV-1304
(DNH/DJS)

DR. ALI, Muslim Chaplain, Coxsackie
Correctional Facility; DANIEL F.
MARTUSCELLO, Superintendent,
Coxsackie Correctional Facility; and
STEVENSON, C.O.,

Defendants.
-------------------------------APPEARANCES:
SHAWN WOODWARD
Plaintiff pro Se
00-A-6563
Franklin Correctional Facility
P.O. Box 10
Malone, NY 12953
HON. LETITIA JAMES
Attorney General for the State of New York
Attorney for Defendants
The Capitol
Albany, NY 12224

JOSHUA E. MCMAHON, ESQ.
Ass't Attorney General

DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Shawn Woodward brought this civil rights action pursuant to 42
U.S.C. § 1983. On or about March 18, 2019, the parties consented to hav e this action

referred to the Honorable Daniel J. Stewart, United States Magistrate Judge. See 28 U.S.C.
§ 636(c). The case was thereafter scheduled for trial beginning on July 22, 2019 in front of
Magistrate Judge Stewart. Plaintiff has since requested to withdraw that consent. Dkt. 194,
197.
On June 7, 2019, Magistrate Judge Stewart advised by Report-Recommendation
that plaintiff's motion to vacate the consent to proceed before him be denied. Plaintiff filed
objections to the Report-Recommendation.
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. § 636(b)(1).
Therefore, it is
ORDERED that
Plaintiff's motion to vacate the consent to proceed before United States Magistrate
Judge Daniel J. Stewart is DENIED.
IT IS SO ORDERED.

Dated: July 3, 2019
Utica, New York.

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