Service v. Noeth

Filing 31

ORDER: Accordingly, each party is directed to file a separate letter by Friday, June 19, 2020, updating the Court on the status of Petitioners state court litigation to the best of the party's knowledge. The parties should also set forth the ir respective positions on whether the Court should lift the stay and direct Petitioner to submit his Reply in support of the Petition so that the matter will be fully briefed and ready for resolution. Finally, Petitioner is again reminded that h e must keep the Court apprised of his current address by filing a Notice of Change of Address whenever he is transferred to a new facility. A copy of the form is attached to this order. Petitioner should note that failure to update his address may result in dismissal for failure to prosecute under Rule 41(b). (Signed by Magistrate Judge Sarah Netburn on 6/9/2020) Copies Sent By Chambers. (js)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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6/9/2020

MICHAEL SERVICE,
Plaintiff,
-against-

17-CV-04941 (LJL)(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. By status letter dated January 7,
2020, Respondent notified the Court that the New York Court of Appeals had advised Petitioner
that his September 23, 2019 application for leave to appeal the denial of his coram nobis petition
was incomplete. Respondent further noted that although the New York Court of Appeals had
notified Petitioner of deficiencies in his leave application, it had not definitively ruled on the
application, which therefore remained pending. Petitioner wrote the Court separately, stating that
he was in the process of acquiring legal assistance and that he was near completing the
application.
Accordingly, each party is directed to file a separate letter by Friday, June 19, 2020,
updating the Court on the status of Petitioner’s state court litigation to the best of the party’s
knowledge. The parties should also set forth their respective positions on whether the Court
should lift the stay and direct Petitioner to submit his Reply in support of the Petition so that the
matter will be fully briefed and ready for resolution.

Finally, Petitioner is again reminded that he must keep the Court apprised of his current
address by filing a Notice of Change of Address whenever he is transferred to a new facility. A
copy of the form is attached to this order. Petitioner should note that failure to update his address
may result in dismissal for failure to prosecute under Rule 41(b).
SO ORDERED.

DATED:

June 9, 2020
New York, New York

cc:

Michael Service (By Chambers)
No. 11-A-0310
Sing Sing Correctional Facility
354 Hunter Street
Ossining, NY 10562

Encl.:

Notice of Change of Address