Service v. Noeth

Filing 27

ORDER: Each party is directed to file a separate letter by Friday, January 24, 2020, updating the Court on the status of Petitioner's state court litigation to the best of the party's knowledge, including by stating whether the Court of Appeals has responded to Petitioner's letter requesting an extension of time to appeal, dated September 23, 2019. See ECF No. 26. (Signed by Magistrate Judge Sarah Netburn on 1/6/2020) Copies Mailed By Chambers. (ras)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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1/6/2020

MICHAEL SERVICE,
Plaintiff,
-against-

17-CV-04941 (PGG)(SN)
ORDER

JOSEPH NOETH,
Defendants.
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SARAH NETBURN, United States Magistrate Judge:
On February 5, 2018, the Court stayed all litigation deadlines pending the state court’s
resolution of Petitioner’s coram nobis petition. ECF No. 21. Nearly two years have passed, and
the Court has still not received confirmation as to whether Petitioner has actually filed a coram
nobis petition, in part because Petitioner has made more than one request to the Court of Appeals
for extensions of time to file and to appeal the Court of Appeals’ denial of the petition.
Accordingly, each party is directed to file a separate letter by Friday, January 24, 2020,
updating the Court on the status of Petitioner’s state court litigation to the best of the party’s
knowledge, including by stating whether the Court of Appeals has responded to Petitioner’s
letter requesting an extension of time to appeal, dated September 23, 2019. See ECF No. 26.
SO ORDERED.

DATED:

January 6, 2020
New York, New York

cc:

Michael Service (By Chambers)
No. 11-A-0310
Five Points Correctional Facility
6600 State Route 96
Romulus, NY 14541