Mullady v. New York State Department of Corrections & Community Supervision

Filing 49

ORDER: Accordingly, the Clerk of Court is directed to send a copy of this order to Petitioner's new address and Respondent is directed to send a copy of this order to Edgecombe Transitional Housing. By December 15, 2023, Petitioner shall file a response to Respondent's motion to dismiss or submit a letter to the Court indicating his intention to dismiss this action. SO ORDERED. ( Responses due by 12/15/2023) (Signed by Judge Analisa Torres on 11/15/2023) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JOSEPH MULLADY,

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: _11/15/2023___

Petitioner,
-againstNEW YORK STATE DEPARTMENT OF
CORRECTIONS & COMMUNITY SUPERVISION,

21 Civ. 6108 (AT)
ORDER

Respondent.
ANALISA TORRES, District Judge:
On October 2, 2023, the Court ordered Petitioner to file by November 1, 2023, a response
to Respondent’s motion to dismiss or submit a letter to the Court indicating his intention to
dismiss this action. ECF No. 44. On October 18, 2023, the Court was informed that the order
failed to reach Petitioner at the Adirondack Correctional Facility. Accordingly, on October 27,
2023, the Court ordered the New York State Office of the Attorney General, representing the
Department of Corrections & Community Supervision, to provide an updated address for the
Petitioner. ECF No. 45.
Having received an updated address from Respondent, ECF No. 46, Petitioner was
ordered to file by November 27, 2023, a response to Respondent’s motion to dismiss or submit a
letter to the Court indicating his intention to dismiss this action. The Court’s order, however,
never reached the Petitioner as the mail was returned on November 13, 2023, as not deliverable.
Respondent has confirmed that it provided the Court with Petitioner’s proper address.
ECF No. 48. Accordingly, the Clerk of Court is directed to send a copy of this order to
Petitioner’s new address and Respondent is directed to send a copy of this order to Edgecombe
Transitional Housing.
By December 15, 2023, Petitioner shall file a response to Respondent’s motion to
dismiss or submit a letter to the Court indicating his intention to dismiss this action.
SO ORDERED.
Dated: November 15, 2023
New York, New York