LAWRENCE E. KAHN, District Judge.
Pro se plaintiff Jua Smith has brought this action pursuant to 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), alleging wrongdoing against Plaintiff while he was incarcerated at Coxsackie Correctional Facility. Dkt. Nos. 1 ("Complaint"), 34 ("First Amended Complaint").
As part of this action, Plaintiff moved for a preliminary injunction directing prison officials to reclassify him as a maximum security level A inmate and to make changes to his housing assignments and prison privileges. Dkt. No. 4 ("PI Motion"). On August 20, 2018, the Court denied Plaintiff's PI Motion. Dkt. No. 70 ("August 2018 Order") at 4.
Thereafter, Plaintiff moved for reconsideration of the August 2018 Order, Dkt. No. 73 ("First Motion for Reconsideration"), which the Court denied on November 26, 2018, Dkt. No. 85 ("First November 2018 Order"). Later that day, the Honorable Therese Wiley Dancks, U.S. Magistrate Judge, issued an order adjourning all discovery and dispositive motion deadlines until after the Court issued decisions on certain pending motions. Dkt. No. 86 ("Second November 2018 Order").
Now before this Court is another motion for reconsideration filed by Plaintiff,
The legal standard governing motions for reconsideration was discussed at length in the First November 2018 Order.
To the extent Plaintiff seeks reconsideration or appeal of the Magistrate's Second November 2018 Order, his motion is denied because the determination of discovery deadlines is a matter of judicial discretion, Fed. R. Civ. P. 72(a); L.R. 72.1(b), and Plaintiff has failed to offer any basis for reconsideration of that order.
Although Plaintiff's motion references the Second November 2018 Order, in substance it seeks reconsideration of the August 2018 and First November Orders that denied Plaintiff's request for re-classification as a maximum security level A inmate. Second Mot. for Recons.
To the extent Plaintiff seeks reconsideration of the First November 2018 Order, his motion is also denied. Contrary to Plaintiff's argument, the Court correctly applied the legal standard in addressing Plaintiff's request for injunctive relief in the August 2018 and First November 2018 Orders. The Court is well aware of the legal standard governing a RLUIPA claim; in fact, it very clearly recited that standard in its Memorandum-Decision and Order addressing Plaintiff's original complaint.
Based on the foregoing, and after thoroughly reviewing Plaintiff's Second Motion for Reconsideration and affording it due consideration in light of his status as a pro se litigant, the Court finds that Plaintiff presents no basis for reconsideration of any prior order. The Court concludes that the previous decisions that Plaintiff seeks to challenge were legally correct and did not work a manifest injustice. Thus, Plaintiff's Second Motion for Reconsideration is denied in its entirety.
Accordingly, it is hereby: