Edwards v. Annucci et al

Filing 152

MEMO ENDORSED ORDER terminating 151 Letter Motion to Compel. ENDORSEMENT: In the attached letter-motion dated January 17, 2020, defense counsel requests the Court compel plaintiff, who is proceeding pro se and in forma pauperis, to complete and r eturn a HIPAA authorization form. (Doc. # 151). On October 17, 2019, defense counsel mailed the authorization form to plaintiff. According to defense counsel, plaintiff has not returned the completed form. Defense counsel contends records of plaintif fs medical treatment while in DOCCS custody are needed to assess plaintiff's claims for emotional distress and psychological illness. Defense counsel further states that during his deposition, plaintiff testified to his psychological condition and medications he takes as a result of an alleged use of excessive force incident, which is the subject of the instant case. The Court defers ruling on defense counsel's letter motion. Rather, if plaintiff appears for the case management confer ence scheduled for February 6, 2020, at 9:30 a.m., the Court will address the motion at that time. However, it appears the Court's December 27, 2019, Order (Doc. #149), which was mailed to plaintiff, was returned as undeliverable. The December 2 7 Order instructed plaintiff to update the Court in writing as to his current address, and warned plaintiff, in bold and underlined font, that failure to do so may result in dismissal of this case. (Id.). In view of plaintiff's pro se status, t he Court sua sponte extends to February 4, 2020, plaintiff's time to notify the Court in writing as to his current address. If plaintiff fails to update his address by February 4, 2020, and appear for the February 6, 2020, case management confe rence, the Court will dismiss the case for failure to prosecute or comply with court orders. Fed. R. Civ. P. 41(b). The Clerk is directed to mail copies of the Court's December 27 Order (Doc. #149) and this Order to plaintiff at the following ad dress provided by plaintiff during the December 6, 2019, case management conference: William L. Edwards, 881 East 162nd Street, Apartment 1E, Bronx, NY 10459. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/21/2020) (mml) Transmission to Docket Assistant Clerk for processing.