Service v. Noeth

Filing 35

ORDER: In accordance with the Court's June 9, 2020 Order, Respondent and Petitioner updated the Court on the status of Petitioner's state court litigation by letters dated June 16, 2020, and June 23, 2020, respectively. See ECF Nos. 32, 34. The New York State Court of Appeals has denied Petitioner's request for leave to appeal the denial of his coram nobis petition. The Court therefore lifts the stay in this matter and directs Petitioner to submit his Reply in support of the Petition by no later than Monday, September 21, 2020. As part of that Reply, Petitioner may move to amend his Petition to include the claims raised in his coram nobis petition and should detail any corresponding merits arguments accordingly. Respondent may file a response to Plaintiff's Reply by Monday, October 12, 2020. The Court will then consider the matter fully briefed and ready for resolution. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Petitioner. So Ordered. (Signed by Magistrate Judge Sarah Netburn on 7/23/2020) (js) Transmission to Docket Assistant Clerk for processing.

Case 1:17-cv-04941-LJL-SN Document 35 Filed 07/23/20 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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7/23/2020

MICHAEL SERVICE,
Petitioner,
-against-

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

JOSEPH NOETH,
Respondent.
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SARAH NETBURN, United States Magistrate Judge:
In accordance with the Court’s June 9, 2020 Order, Respondent and Petitioner updated
the Court on the status of Petitioner’s state court litigation by letters dated June 16, 2020, and
June 23, 2020, respectively. See ECF Nos. 32, 34. The New York State Court of Appeals has
denied Petitioner’s request for leave to appeal the denial of his coram nobis petition. The Court
therefore lifts the stay in this matter and directs Petitioner to submit his Reply in support of the
Petition by no later than Monday, September 21, 2020. As part of that Reply, Petitioner may
move to amend his Petition to include the claims raised in his coram nobis petition and should
detail any corresponding merits arguments accordingly. Respondent may file a response to
Plaintiff’s Reply by Monday, October 12, 2020. The Court will then consider the matter fully
briefed and ready for resolution.
The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se
Petitioner.
SO ORDERED.

DATED:

July 23, 2020
New York, New York