WINTERS v. UNITED STATES OF AMERICA et al

Filing 3

MEMORANDUM OPINION. Signed by Judge Noel L. Hillman on 1/26/2017. (tf, n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
___________________________________
:
:
:
Petitioner,
:
:
v.
:
:
UNITED STATES OF AMERICA, et al., :
:
Respondents.
:
___________________________________:
RICKY L. WINTERS,

Civ. No. 16-3313 (NLH)
MEMORANDUM OPINION

APPEARANCES:
Ricky L. Winters
14-B-0967
Orleans Correctional Facility
3531 Gaines Basin Rd.
Albion, NY 14411-9199
Petitioner Pro se
HILLMAN, District Judge
THIS MATTER having been opened by the Court sua sponte, and
it appearing that:
1.

On May 3, 2016, Petitioner Ricky L. Winters, submitted

a Petition under the All Writs Act, 28 U.S.C. § 1651.
1.)

(ECF No.

Petitioner has also submitted an application to proceed in

forma pauperis.

(ECF No. 1-1.)

The Petition raises various

challenges, ranging from the start date of his probation, to the
authority of the Warden of the Federal Correctional Institution
at Fort Dix to release him to New York State Department of
Corrections officials, to the violation of his constitutional
due process rights.

(ECF No. 1.)

2.

At the time he submitted his Petition, Petitioner was

incarcerated at Orleans Correctional Facility in Albion, New
York.

(ECF No. 1.)

3.

According to the New York State Department of

Corrections Inmate Information Database, Petitioner was released
from their custody on November 22, 2016.

See

http://nysdoccslookup.doccs.ny.gov/GCA00P00/WIQ2/WINQ120.
4.

Since his release, Petitioner has not communicated with

the Court regarding his Petition, including failing to provide
the Court with his new address in violation of L. Civ. R. 10.1.
See L. Civ. R. 10.1(a) (“Counsel and/or unrepresented parties
must advise the Court of any change in their or their client’s
address within seven days of being apprised of such change by
filing a notice of said change with the Clerk.”).
5.

Based on Petitioner’s failure to update his address in

compliance with Local Civil Rule 10.1, the Court will
administratively terminate this matter.

If Petitioner updates

his address and otherwise satisfies all appropriate Rules, the
Court will re-open this matter to conduct its screening of the
Petition.
6.

An appropriate order follows.

Dated: January 26, 2017
At Camden, New Jersey

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

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