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15-1303 - McMillian v. Graham et al


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15-1303 - McMillian v. Graham et al
February 9, 2018
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DECISION AND ORDER AND ORDER TO SHOW CAUSE: ORDERED that Magistrate Judge Stewart's Report-Recommendation (Dkt. No. 125, 9:15-cv-241) is ACCEPTED and ADOPTED in its entirety. ORDERED that Defendants' motion for summary judgment (Dkt. No. 103, 9:15-cv-241) is GRANTED. ORDERED that Plaintiff's Complaints in these consolidated actions are DISMISSED for failure to exhaust his available administrative remedies pursuant to the Prisoner Litigation Reform Act. ORDERED that Plaintiff's six motions for a Temporary Restraining Order or Preliminary Injunction (Dkt. Nos. 127-132, 9:15-cv-241) are DENIED as moot. ORDERED that Plaintiff shall, within FOURTEEN (14) DAYS of the date of this Order, show cause, in writing, why he should not be enjoined from filing any future pleadings or documents of any kind (including motions) in the Northern District of New York pro se without prior permission of the Chief Judge or his or her designee (except pleadings or documents in the case that is currently pending before District Judge D'Agostino, McMillian v. Walters, 9:16-CV-0277, until that case is closed); The Clerk of the Court is directed to open a new pre-filing case number 9:18-pf-2 and file a copy of this Decision and Order in that pre-filing case. Plaintiff's response to this Order to Show Cause shall be filed in case number 9:18-pf-2. ORDERED that, if Plaintiff does not fully comply with this Order to Show Cause, the Court will issue a subsequent order, without further explanation, permanently so enjoining Plaintiff. Signed by Chief Judge Glenn T. Suddaby on 2/9/18. (served on plaintiff by regular and certified mail)(alh, )
February 9, 2018
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JUDGMENT entered pursuant to the Decision and Order and Order to Show Cause of the Honorable Chief Judge Glenn T. Suddaby, dated the 9th day of February, 2018. (served on plaintiff by regular and certified mail) (alh, )