Livingston v. Escrow et al

Filing 22

ORDER denying plaintiff's 18 Motion for Preliminary Injunction. Signed by Hon. David G. Larimer on 10/7/09. (EMA)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _______________________________________________ DETROY LIVINGSTON,

Plaintiff, DECISION AND ORDER 08-CV-6576L v. JAMES ESCROW, GREGORY HARVEY, KEITH DUBRAY, JOHN DOE, WILLIAM BILLS, BRIAN FISCHER,

Defendants. ________________________________________________

Plaintiff, Detroy Livingston ("Livingston"), filed a motion for a preliminary injunction (Dkt. #18). The requested relief is that I order the New York State Court of Appeals to accept papers Livingston submitted, which were deemed untimely, in support of his application for relief before that court from a criminal conviction. The motion for a preliminary injunction must be denied. This Court has no jurisdiction or authority to order a New York State court to take any action. Livingston claims that the reason his filings were late is because officials at the Department of Corrections did not timely deliver Livingston's mail.

The relief, if any, is for Livingston to submit the same information he has provided here to that court and ask it to reconsider its dismissal of Livingston's action there.

CONCLUSION Plaintiff's motion for a preliminary injunction (Dkt. #19) is denied. IT IS SO ORDERED.

_______________________________________ DAVID G. LARIMER United States District Judge

Dated: Rochester, New York October 7, 2009.

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