Diggs v. Wood et al

Filing 107

DECISION AND ORDER: The # 105 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 for a Temporary Restraining Order and Injunction, ECF No. 85 , is DENIED; and the trial remains scheduled for Tuesday, October 13, 2020 at 9:30 a.m. in Utica, New York. Pre-trial submissions are due on or before Friday, September 29, 2020. IT IS SO ORDERED. Signed by Judge David N. Hurd on August 12, 2020. (Copy served via regular mail on plaintiff)(rep)

Case 9:16-cv-00554-DNH-DJS Document 107 Filed 08/13/20 Page 1 of 2

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------RONALD DIGGS,
Plaintiff,
-v-

9:16-CV-554
(DNH/DJS)

SGT. RONALD G. WOOD; CHRIS DUBREY,
Correctional Officer/ Sergeant; and T.
ROBARE, Corrections Officer,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

RONALD DIGGS
Plaintiff pro se1
04-R-3906
Green Haven Correctional Facility
P.O. Box 4000
Stormville, NY 12582
O'CONNELL & ARONOWITZ, P.C.
Pro Bono Attorney for Plaintiff2
54 State Street
9th Floor
Albany, NY 12207

JULIA VIRGINIA KOSINESKI, ESQ.

HON. LETITIA JAMES
Attorney General of the State of New York
Attorney for Defendants
The Capitol
Albany, NY 12224

RYAN L. ABEL, ESQ.
Assistant Attorney General

DAVID N. HURD
United States District Judge
1
Plaintiff has recently been appointed pro bono trial counsel, however, the currently pending
motion for a temporary restraining order and injunction, ECF No. 85, was filed pro se by plaintiff before
he was appointed counsel.
2

Plaintiff's pro bono trial counsel was not involved with the instant motion and has been
appointed solely for the purposes of trial. She has been included here for completeness.

Case 9:16-cv-00554-DNH-DJS Document 107 Filed 08/13/20 Page 2 of 2

DECISION and ORDER
Pro se plaintiff Ronald Diggs brought this civil rights action pursuant to 42 U.S.C.
§ 1983. This matter is presently scheduled for trial beginning October 13, 2020. On July 23,
2020, the Honorable Daniel J. Stewart, United States Magistrate Judge, advised by ReportRecommendation that plaintiff's motion for a temporary restraining order and injunction be
denied. Plaintiff timely 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
1. Plaintiff's Motion for a Temporary Restraining Order and Injunction, ECF No. 85,
is DENIED; and
2. Trial remains scheduled for Tuesday, October 13, 2020 at 9:30 a.m. in Utica,
New York. Pre-trial submissions are due on or before Friday, September 29, 2020.
IT IS SO ORDERED.

Dated: August 12, 2020
Utica, New York.

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