Mullings v. Finley

Filing 13

ORDER On November 21, 2023, the Court issued an order to show cause, requiring the parties' counsel to confer regarding settlement, and setting a briefing schedule on Mullings' s petition in the event that counsel could not come to an agreement. Dkt. 10. Under that schedule, Finley was to file a response to Mullings's petition by December 1, 2023. No such response has been received, nor has Finley entered an appearance in this matter. The Court orders Mullings's counsel, by December 6, 2023, to file a status update on the docket of this case. That status update must describe whether he has conferred with Finley's counsel (that is, the government) regarding issuance of the writ; whether the government opposes the relief sought; and whether Mullings continues to seek issuance of the writ. The Court notes that discussions with prison counsellors ( or other employees) will be deemed insufficient for this purpose; such discussions must have occurred with legal counsel. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/4/2023) (jca)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KYLE T. MULLINGS, -v- Petitioner, 23 Civ. 9603 (PAE) ORDER SCOTT FINLEY, WARDEN, FCI SCHUYLKILL, Respondent. PAUL A. ENGELMAYER, District Judge: On November 21, 2023, the Court issued an order to show cause, requiring the parties' counsel to confer regarding settlement, and setting a briefing schedule on Mullings' s petition in the event that counsel could not come to an agreement. Dkt. 10. Under that schedule, Finley was to file a response to Mullings's petition by December 1, 2023. No such response has been received, nor has Finley entered an appearance in this matter. The Court orders Mullings's counsel, by December 6, 2023, to file a status update on the docket of this case. That status update must describe whether he has conferred with Finley's counsel (that is, the government) regarding issuance of the writ; whether the government opposes the relief sought; and whether Mullings continues to seek issuance of the writ. The Court notes that discussions with prison counsellors (or other employees) will be deemed insufficient for this purpose; such discussions must have occurred with legal counsel. SO ORDERED. Dated: December 4, 2023 New York, New York PAUL A. ENGELMAYER United States District Judge

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