Waters v. Lilley

Filing 21

ORDER. It is hereby ORDERED as follows: 1. If Petitioner no longer wishes to proceed with his habeas Petition, then he should inform the Court of this no later than May 15, 2020. 2. If Petitioner does wish to proceed with his Petition, then he is dir ected to file his reply to Respondent's opposition (Dkts. 17, 18) no later than June 12, 2020. Petitioner is cautioned that, if he fails to file a reply by that date, then the Court may reach a determination on his habeas claims based solely on the Petition itself and Respondent's submissions in opposition. 3. Any submissions that Petitioner wishes to make in response to this Order should be mailed to the Court's Pro Se Office, at the following address: United States District Cour t, S.D.N.Y., Pro Se Intake Unit, U.S. Courthouse, 40 Centre Street, Room 105, New York, New York 10007. 4. The Clerk of Court is directed to mail a copy of this Order to Petitioner, at the address currently reflected on the Docket of this action. So ordered. (Replies due by 6/12/2020.) (Signed by Magistrate Judge Debra C. Freeman on 5/4/2020) (rjm) Transmission to Docket Assistant Clerk for processing.

Case 1:17-cv-08258-GHW-DCF Document 21 Filed 05/04/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
KEITH WATERS,
Petitioner,

17cv08258 (GHW) (DF)
ORDER

-againstLYNN LILLEY, Superintendent,
Respondent.
DEBRA FREEMAN, United States Magistrate Judge:

This habeas proceeding, brought by pro se petitioner Keith Waters (“Petitioner”) to
challenge his state-court conviction, was commenced by Petitioner at a time when he was
incarcerated at Woodbourne Correctional Facility, in Woodbourne, New York. Petitioner,
however, never filed a reply to Respondent’s opposition to his Petition, and, based on publicly
available information, it appears that Petitioner was released on parole in October 2019. 1
Although a habeas petitioner who has been released from prison to the custody of the Parole
Board will continue to meet the “in custody” requirement for habeas relief, Jones v.
Cunningham, 371 U.S. 236 (1963), and thus Petitioner’s release on parole has not rendered his
Petition moot, the fact that Petitioner did not file a reply nonetheless raises a question as to
whether he still wishes to proceed with his habeas Petition. Thus, under the circumstances, it is
hereby ORDERED as follows:
1.

If Petitioner no longer wishes to proceed with his habeas Petition, then he should

inform the Court of this no later than May 15, 2020.

1

See http://nysdoccslookup.doccs.ny.gov/GCA00P00/WIQ2/WINQ120 (last accessed
May 4, 2020); see also Dkt. 20 (Notice of Change of Address, dated Oct. 31, 2019).

Case 1:17-cv-08258-GHW-DCF Document 21 Filed 05/04/20 Page 2 of 2

2.

If Petitioner does wish to proceed with his Petition, then he is directed to file his

reply to Respondent’s opposition (Dkts. 17, 18) no later than June 12, 2020. Petitioner is
cautioned that, if he fails to file a reply by that date, then the Court may reach a determination on
his habeas claims based solely on the Petition itself and Respondent’s submissions in opposition.
3.

Any submissions that Petitioner wishes to make in response to this Order should

be mailed to the Court’s Pro Se Office, at the following address:
United States District Court, S.D.N.Y.
Pro Se Intake Unit
U.S. Courthouse
40 Centre Street, Room 105
New York, New York 10007
4.

The Clerk of Court is directed to mail a copy of this Order to Petitioner, at the

address currently reflected on the Docket of this action.
Dated: New York, New York
May 4, 2020
SO ORDERED

______________________________
DEBRA FREEMAN
United States Magistrate Judge

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