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Civil Rights: Americans with Disabilities - Other | New York Eastern
Affidavit of Service
AFFIDAVIT of Service for Docket Order dated October 8, 2026 served on Michelle Nappi on October 9, 2026, filed by Barbara C. Gunn. (Baker, Patrick)
Order on Motion to Withdraw Order on Motion for Leave to File
ORDER granting in part and denying in part 30 and 34 . On October 3, 2026, Plaintiff moved to "withdraw and strike the motion and complaint refiled on October 2, 2026... as documents 25, 26, and 27." Dkt. No. 30 . The first docket entry that Plaintiff moves to "withdraw and strike," Dkt. No. 25 , are the five "Process Receipt and Return" documents evidencing service of the Summons and Amended Complaint on Defendants. See Dkt. No. 25 . The Clerk of Court filed these documents, not Plaintiff, and there is no reason to strike such documents from the record, as they are valid proofs of service. The second docket entry Plaintiff takes issue with, Dkt. No. 26 , appears to be a copy of the operative Amended Complaint at Dkt. No. 21 . See Dkt. No. 26 . In light of the duplicative filing, the Clerk of Court is directed to strike Dkt. No. 26 . The third docket entry Plaintiff points to, Dkt. No. 27 , appears to relate to Plaintiff's already-withdrawn motions at 8 , 11 , and/or 22 . Accordingly, the Clerk of Court is directed to strike Dkt. No. 27 . For clarity, Dkt. No. 21 remains the operative Amended Complaint.
On October 5, 2026, Plaintiff requested a "nonbinding recommendation of the Court" regarding "the offense of October 2, 2026," which appears to relate to the aforementioned filed documents. Dkt. No. 34 . In light of the above and the directive to strike Dkt. Nos. 26 and 27 , Plaintiff's motion for a "nonbinding recommendation" is denied. Defendants shall serve a copy of this Order on Plaintiff and file proof of service by October 14, 2026. Ordered by Magistrate Judge Joseph A. Marutollo on 10/8/2026. (HNB)
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