Washington v. Tynon

Filing 11

DECISION AND ORDER: ORDERED that petitioner shall notify the Clerk's Office of his current address within thirty (30) days of the filing date of this Decision and Order if he wishes to avoid dismissal of this action. ORDERED that petitioner may file an amended petition within thirty (30) days of the filing date of this Decision and Order. ORDERED that if petitioner does not notify the Clerk's Office of his current address and/or file an amended petition within thirty (30) days of the filing date of this Decision and Order, the Clerk shall enter judgment dismissing this action without further order of the Court. ORDERED that upon the filing of any amended petition, the Clerk shall forward the file in this matter to the Court for further review. ORDERED that the Clerk shall serve a copy of this Decision and Order, as well as the Court's September 26, 2017, Decision and Order (Dkt. No. 8), on petitioner by certified mail at his last known address of record. Signed by Judge Brenda K. Sannes on 12/6/17. (Notice of Compliance Deadline 1/6/2028, Case Review Deadline 2/6/2018)(Served on petitioner by regular and certified mail with a blank form petition and a copy of Dkt. No. 8)(alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

KENNETH WASHINGTON,
Petitioner,
v.
9:17-CV-0710
(BKS)

MS. TYNON,
Respondent.

APPEARANCES:

OF COUNSEL:

KENNETH WASHINGTON
Petitioner, pro se
Last known address
12703 Route 22
Canaan, NY 12029
BRENDA K. SANNES
United States District Judge
DECISION and ORDER
On June 30, 2017, petitioner Kenneth W ashington filed a petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254. Dkt. No. 1, Petition (" Pet."). On September 26, 2017,
the Court issued a Decision and Order, directing petitioner to file an amended petition within
thirty days because his petition did not comply with Rules 2(c)(1) and (2) of the Rules
Governing Section 2254 Cases in the Untied States District Courts. Dkt. No. 8 at 2, Decision
and Order.
On October 4, 2017, service of the Court's Decision and Order by certified mail,
addressed to petitioner at his address of record, was returned as undeliverable. Dkt. No. 10.
The envelope was stamped: "Attempted – not known. Unable to forward." Id. at 1.
Rule 10.1(c)(2) of the Court's Local Rules of Practice states, in relevant part, that "[a]ll

attorneys of record and pro se litigants must immediately notify the Court of any change of
address." N.D.N.Y. L.R. 10.1(c)(2) (emphasis omitted).1 As previously noted in this District:
It is neither feasible nor legally required that the clerks of the
district courts undertake independently to maintain current
addresses on all parties to pending actions. It is incumbent upon
litigants to inform the clerk of address changes, for it is manifest
that communications between the clerk and the parties or their
counsel will be conducted principally by mail. In addition to
keeping the clerk informed of any change of address, parties are
obliged to make timely status inquiries. Address changes
normally would be reflected by those inquiries if made in writing.
Dansby v. Albany Cty. Corr. Facility, No. 6:95-CV-1525 (RSP/RWS), 1996 WL 172699, at *1
(N.D.N.Y. Apr. 10, 1996) (quoting Perkins v. King, No. 84-3310, slip op. at 4 (5th Cir. May
19, 1985)). "As a matter of course, courts in this district have dismissed actions when
litigants have failed to abide by either the Local Rules or orders related to address changes,
and have subsequently failed to prosecute their actions." Hill v. Donelli, No. 9:05-CV-1245
(GLS/GHL), 2008 WL 4663364, at *2 (N.D.N.Y. Oct. 20, 2008) (collecting cases).
At no point has petitioner advised the Court, with respect to this action, of any change
of his address. Indeed, petitioner has not com municated with the Court regarding this case
since July 24, 2017, when he filed an application to proceed in forma pauperis. Dkt. No. 6. It
appears that petitioner understood his obligation to apprise the Court of any change of
address because he filed two notices of change of his address in another action that he
commenced in this District pursuant to 42 U.S.C. § 1983. See Washington v. Czajka, No.
1:17-CV–0683 (BKS/DJS), Dkt. No. 9, Notice of Change of Address, filed July 10, 2017; Dkt.

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Additionally, Local Rule 41.2(b) provides that "[f]ailure to notify the Court of a change of address in
accordance with L.R. 10.1(c)(2) may result in the dismissal of any pending action." N.D.N.Y. L.R. 41.2(b).

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No. 14, Notice of Change of Address, filed Aug. 30, 2017. 2
In light of his pro se status, however, the Court will afford petitioner a final opportunity
to notify the Court of his present address, and to file an amended petition in compliance with
the Court's September 26, 2017, Decision and Order. Petitioner must notify the Court of his
current address and file an amended petition within thirty (30) days of the filing of this
Decision and Order.
WHEREFORE, it is
ORDERED that petitioner shall notify the Clerk's Office of his current address within
thirty (30) days of the filing date of this Decision and Order if he wishes to avoid dismissal of
this action; and it is further
ORDERED that petitioner may file an amended petition within thirty (30) days of the
filing date of this Decision and Order. The Clerk is directed to provide petitioner with a blank
§ 2254 habeas petition for that purpose. Petitioner shall complete every part of the blank
petition, including the sections requiring him to state the name and location of the court that
entered the judgment of conviction, the date of the judgment of conviction, the offense(s) for
which he was convicted, and the length of the sentence that was imposed. Petitioner must
also state the date(s) upon which he filed any state court proceedings in which he challenged
his conviction and clearly set forth the grounds raised in each application and the date(s)
upon which the court(s) denied each application. Petitioner m ust specify all of the grounds
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According to publicly available information (http://nysdoccslookup.doccs.ny.gov/kinqw00), on June 29,
2017,petitioner was conditionally released to parole from Washington Correctional Facility. Service of the Court's
September 26, 2017, Decision and Order in this action was attempted at petitioner's last known address as provided
in his § 1983 action. A review of the docket in that case reveals that the Court's Decision and Order, filed November
9, 2017, granting petitioner additional time to update his address and file any objections to a ReportRecommendation, was also returned to the Court as undeliverable. Washington, No. 1:17-CV-0683, Dkt. Nos. 1719.

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upon which his federal petition is based, and the facts supporting each ground, in the
amended petition.
Petitioner shall not incorporate any portion of his original papers into his amended
petition by reference. He must include all relevant information in the amended petition and
shall submit only one amended petition in accordance with the terms of this Decision and
Order. Petitioner must also name the proper respondent, and sign and date the amended
petition; and it is further
ORDERED that if petitioner does not notify the Clerk's Office of his current address
and/or file an amended petition within thirty (30) days of the filing date of this Decision and
Order, the Clerk shall enter judgment dismissing this action without further order of the Court;
and it is
ORDERED that upon the filing of any amended petition, the Clerk shall forward the file
in this matter to the Court for further review; and it is
ORDERED that the Clerk shall serve a copy of this Decision and Order, as well as the
Court's September 26, 2017, Decision and Order (Dkt. No. 8), on petitioner by certified mail
at his last known address of record.
IT IS SO ORDERED.
Dated: December 6, 2017

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