UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK.

LANDON L. WASHINGTON, Plaintiff, 22 Civ. 1440 (PAE) (GWG) -V- OPINION & ORDER C.0, JOHNSON, Food Service Officer, CAPT. SMART, Area Supervisor, CITY OF NEW YORK, Defendants,

PAUL A. ENGELMAYER, District Judge: On February 3, 2023, the Court received, by mail, the attached documents from pro se plaintiff Landon L, Washington (“Washington”). The documents were received after the Court filed its opinion and order adopting the Report and Recommendation (the “Report”) of the Honorable Gabriel W. Gorenstein, Magistrate Judge and granting defendants’ motion to dismiss. Dkt. 35. The documents include: (1) a letter from Washington, dated January 22, 2023, indicating that he wishes to respond to the motion to dismiss and object to the Report; (2) an inmate statement form by Washington, dated January 19, 2023, filing a grievance with the City of New York’s Department of Correction; and (3) a disposition form by the Office of Constituent and Grievance Services, dated January 20, 2023, stating that Washington’s complaint had been “substantiated” and forwarded to the Warden’s office for resolution. The Court, having reviewed the materials, finds that they do not alter its decision to adopt the Report in its entirety and to dismiss Washington’s claims against the moving defendants. For one, the materials are untimely. The Report, which was filed on December 21, 2022, stated that the parties had “fourteen (14) days (including weekends and holidays) from service of this

Report and Recommendation to file any objections,” making the deadline for any objections January 4, 2023. Dkt. 33 at 7. Washington’s objections, dated 18 days later, are thus untimely. Tn any event, even if the attached documents were timely submitted, “[c]ourts do not generally consider new evidence raised in objections to a magistrate judge’s report and recommendation.” Tavares v. City of New York, No. 08 Civ. 3782 (PAE),

, at *2 (S.D.N.Y. Nov. 23, 2011) (collecting cases). To the extent Washington asserts that there are ongoing violations or actionable conduct post-dating the conduct addressed in the Report, he is at liberty to pursue new claims in a separate action, upon exhaustion of his administrative remedies.

SO ORDERED.

Paul A. Engelmayer United States District Judge

Dated: February 6, 2023 New York, New York

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ee EE i Fe! at) ts fe — ena CITY OF NEW YORK - DEPARTMENT OF CORRECTION _ | (tua aN if |OFFICE OF CONSTITUENT AND GRIEVANCE SERVICES Forms T101R-A INMATE STATEMENT FORM Ref. Dir, S378RA □ Name: . Book & Case #: NYSID #: Lan fy Langon f AS Mi Odp-FOM S94 AdO ‘826 ‘| Housing Area: Date of Incident: Date Submitted: J, Ve FA On os of [~/9-BS must be submitted within ten business days after the incident occurred, unless It's a sexual abuse or allegation. The inmate filing the grievance must personally prepare this statement. Upon collection by the Office Constituent and Grievance Services (OCGS) staff, OCGS staff will tme-stamp and Issue it a grlevance reference number. staff shall provide the Inmate with a copy of this form as a record of recelot. ‘ . □□ fave nef Peer able pp ex Mheudl Peligaus Services af fheg hace ty a foxx gtios >prect Br paper Ler JS Luece/ □ Ls Deoles fa ee7 S ear eerce & 4 2 i sg £ b (eer a athecf Haare, 2 a / of thencngeailtioe, So LAL. —_—————

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Requested by Inmate: /_eZ inf? HAS □□□ ffera Se x ete & tpeteaf Seuces+7e Be akforded wet Y Serrees lease read below and check the correct box: you to have your statement edited for clarificatlon by OCGS staff? Yes rn ry you need the OCGS staff to write the grievance for you? Yes No mr ave you filed this grievance with a court or other agency? ves rj No wo you require the assistance of an interpreter? ves □□ No Signature: OLE Date of Signature: a. Leg], ee | QB FOR DOC OFFICE USE ONLY OCGS MUST PROVIDE A COPY OF THIS FORM TO THE INMATE AS A RECORD OF RECEIPT. THIS FORM 18 INVALID UNLESS SIGNED BY THE INMATE AND GRIEVANCE COORDINATOR Grievance Reference # ) Category:

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ALLA CITY OF NEW YORK - DEPARTMENT OF CORRECTION □□ ‘en OFFICE OF CONSTITUENT AND GRIEVANCE SERVICES □□ Ref.: Dir. 3376R-A DISPOSITION FORM Grievance Reference #: Date Filed: Facility: 621042 01/20/2023 GRVC ~- 9A Inmate Name: Book and Casef: Category: Jashington, Landon . 3492203269 NYSID# 01930776N Religion From OCGS inmate Statement Form, print or type short description of grievance: | have not been able to attend religious services here at this facility. For several weeks protestant services have not been afforded to ma.

Action Requested by inmate: Look into this matter So | can attend services. To be afforded my services, .

STEP 1: FORMAL RESOLUTION Check one box: mf Grievance EJ} Submission is not subjected to the Grievance Process he Office Of Constituent and Grievance Services proposes to formally resolve your grievance as follows below. Aiternatively, OCGS staff shall provide an explanation for why the submission |s not subject to the OCGS process. Grievances not subject to the Grievance Process cannot be appealed. OCGS reviewed and investigated this matter. It has been revealed that there are no protestant services at GRVC at this tine. OCGS concludes this matter of no religious services to be substantiated. This “Religious services’ complaint/concerns matter has also been forwarded to the Warden's office for investigation/resolution. No additional action required by OCGS .

CHECK THE APPROPRIATE BOX BELOW AND PROVIDE YOUR SIGNATURE (Failure to sign forps will forgo your right to appeal the proposed resolution.) {J Yes, | accept the resolution id No (ll request to appeal the resolution of this grievance to the Commanding officer. Note: if you appeal, te grievance staff can request for a preliminery based review if they feet the complatat was thoroughly investigated and addressed, prior fo forwarding to the Commanding Officer, You will racelve the autcome of this raviaw within (3) business days to Inform you Hie appoal will proceed or you exhausted administrative remedies. Griavance fot subject to the Griavanee Process cannot be appealed. Inmate's Signature: Date: STZ. LW □□ 20-25 C) Preliminary Review Requested Grievance Coordinator/Officer Signature: Date: Mr, Parris 01/20/2023