Whitley v. Bowden et al

Filing 117

ORDER: It is Plaintiff's obligation to provide the Court with an address for mail service, see Fed. R. Civ. P. 11(a), but he has not done so. The Court therefore directs Plaintiff, within thirty days, to provide the Court with his new mailing address. The Court will dismiss this action without prejudice if Plaintiff fails to provide the Court with an address for service. The Clerk of the Court is respectfully directed to mail a copy of this Order, as well as a copy of the September 17, 2020 Order denying summary judgment without prejudice (Doc. 116), to Plaintiff at 360 St. Paul Street, Rochester, New York 14605. (Signed by Judge Philip M. Halpern on 10/13/2020) (mml) Transmission to Docket Assistant Clerk for processing.

Case 7:17-cv-03564-PMH-LMS Document 117 Filed 10/13/20 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
VIDAL MAURICE WHITLEY,
ORDER

Plaintiff,
-against-

17-CV-03564 (PMH)

NURSE ADRIAN BOWDEN, et al.,
Defendants.
PHILIP M. HALPERN, United States District Judge:
On October 2, 2020, the Order denying Defendants’ motion for summary judgment without
prejudice mailed to Plaintiff’s most recent address, Wende Correctional Facility, Wende Rd., P.O.
Box 1187, Alden, New York 14004-1187, was returned to sender with the notation, “Return to
Sender Attempted – Not Known Unable To Forward, RTS Don’t have address, Paroled
5/15/2020.” In a related case, Whitley v. NYSDOCCS, No. 17-CV-03652, Plaintiff’s most recent
address is 360 St. Paul Street, Rochester, New York 14605.
It is Plaintiff’s obligation to provide the Court with an address for mail service, see Fed. R.
Civ. P. 11(a), but he has not done so. The Court therefore directs Plaintiff, within thirty days, to
provide the Court with his new mailing address. The Court will dismiss this action without
prejudice if Plaintiff fails to provide the Court with an address for service.
The Clerk of the Court is respectfully directed to mail a copy of this Order, as well as a
copy of the September 17, 2020 Order denying summary judgment without prejudice (Doc. 116),
to Plaintiff at 360 St. Paul Street, Rochester, New York 14605.
Dated:

New York, New York
October 13, 2020
PHILIP M. HALPERN
United States District Judge