Kindell v. Capra

Filing 37

ORDER: Pursuant to 28 U.S.C. § 2250 and ECF 32 in which Plaintiff explains that "a large number of his documents have been destroyed/lost," the Clerk of Court is directed to furnish free copies of Petitioner's Petition for Wri t of Habeas Corpus (the "Petition") (ECF 1), Defendant's Response to the Petition (ECF 26) and Defendant's Memorandum of Law in Opposition to the Petition (ECF 25). See 28 U.S.C. § 2250 ("If on any application for a w rit of habeas corpus an order has been made permitting the petitioner to prosecute the application in forma pauperis, the clerk of any court of the United States shall furnish to the petitioner without cost certified copies of such documents or pa rts of the record on file in his office as may be required by order of the judge before whom the application is pending.").Further, the Court construes Plaintiff's January 6, 2021 letter (ECF 30) as a request to supplement the Petition wi th additional information. That request is GRANTED. Plaintiff has until November 15, 2021 to file a Supplemental Petition. Defendant's reply, if any, is due thirty (30) days later.The Clerk of Court is directed to mail a copy of this Order to the Plaintiff and file proof of service on the docket. ( Amended Pleadings due by 11/15/2021.) (Signed by Magistrate Judge Ona T. Wang on 9/9/2021) (rro) Transmission to Docket Assistant Clerk for processing.

Case 1:20-cv-00304-RA-OTW Document 37 Filed 09/09/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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EUGENE KINDELL,
Petitioner,
-againstMICHAEL CAPRA,
Respondent.

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20-CV-00304 (RA) (OTW)
ORDER

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ONA T. WANG, United States Magistrate Judge:
Pursuant to 28 U.S.C. § 2250 and ECF 32 in which Plaintiff explains that “a large number
of his documents have been destroyed/lost,” the Clerk of Court is directed to furnish free
copies of Petitioner’s Petition for Writ of Habeas Corpus (the “Petition”) (ECF 1), Defendant’s
Response to the Petition (ECF 26) and Defendant’s Memorandum of Law in Opposition to the
Petition (ECF 25). See 28 U.S.C. § 2250 (“If on any application for a writ of habeas corpus an
order has been made permitting the petitioner to prosecute the application in forma pauperis,
the clerk of any court of the United States shall furnish to the petitioner without cost certified
copies of such documents or parts of the record on file in his office as may be required by order
of the judge before whom the application is pending.”).
Further, the Court construes Plaintiff’s January 6, 2021 letter (ECF 30) as a request to
supplement the Petition with additional information. That request is GRANTED. Plaintiff has
until November 15, 2021 to file a Supplemental Petition. Defendant’s reply, if any, is due thirty
(30) days later.

Case 1:20-cv-00304-RA-OTW Document 37 Filed 09/09/21 Page 2 of 2

The Clerk of Court is directed to mail a copy of this Order to the Plaintiff and file proof of
service on the docket.

s/ Ona T. Wang
Ona T. Wang
United States Magistrate Judge

Dated: September 9, 2021
New York, New York

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