Batista v. New York Police Department et al

Filing 123

ORDER: NOW THEREFORE IT IS ORDERED that the METROPOLITAN CORRECTIONAL CENTER or CORRECTIONAL FACILITY accept two (2) sets of trial clothes from Nicholas C. Carullo, Esq., Arun Subramanian, Esq., or Steven Shepard, Esq. and deliver them to inmate Shamir Batista NYS DOCCS #18-A-3248. (Signed by Judge Katherine Polk Failla on 4/11/2022) (rro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SHAMIR BATISTA,

Case No. 1:17-cv-01994-KPF

Plaintiff,

Hon. Katherine Polk Failla

v.

ORDER

DET. MICHAEL LECLAIR,
Defendant.
TO:

OR

METROPLITAN CORRECTIONAL CENTER
150 Park Row
New York, New York 10007
Whatever facility the New York State Department of Corrections and Community
Supervision chooses to house Shamir Batista, #18-A-3248, that is determined to be
close to the United States Courthouse, 40 Foley Square, New York, New York, and
can detain state prisoners awaiting and participating in civil trials in the Southern
District of New York while the Metropolitan Correctional Center, 150 Park Row,
New York, New York is closed, pursuant to this Court’s Writ of Habeas Corpus Ad
Testificandum, dated April 5, 2022 (“CORRECIONAL FACILITY”)

WHEREAS the above-entitled Plaintiff must attend a jury trial at the United States Courthouse,
located at 40 Foley Square, New York, New York 1007 on May 2, 2022 through May 13, 2022;
and
WHEREAS pursuant to this Court’s Writ of Habeas Corpus Ad Testificandum, dated April 5,
2022, Plaintiff will be incarcerated in Metropolitan Correctional Center, New York, NY, or the
CORRECTIONAL FACILITY (another facility to be determined close to the United States
Courthouse that can detain state prisoners awaiting and participating in civil trials in the
Southern District of New York while the Metropolitan Correctional Center is closed), during the
course of the trial;
WHEREAS this Court’s Writ of Habeas Corpus Ad Testificandum, dated April 5, 2022, stated
that Plaintiff’s counsel are authorized as officers of the Court to relay any further instructions
from the Court, regarding the transport, safekeeping, care and subsistence of Plaintiff to the
warden of the Correctional Facility and the United States Marshal, and
WHEREAS pro bono counsel needs to deliver appropriate attire for Plaintiff to wear to court;
NOW THEREFORE IT IS ORDERED that the METROPOLITAN CORRECTIONAL
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CENTER or CORRECTIONAL FACILITY accept two (2) sets of trial clothes from Nicholas C.
Carullo, Esq., Arun Subramanian, Esq., or Steven Shepard, Esq. and deliver them to inmate
Shamir Batista NYS DOCCS #18-A-3248.
Dated: April 11, 2022

So Ordered:

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Hon. Katherine Polk Failla