Negron v. United States of America et al

Filing 34

ORDER: As of today's date, no petition has been filed by Plaintiff, nor has he requested any further extension of time within which to do so. Accordingly, the Court respectfully directs that the Clerk of Court enter judgment and close this case. The Clerk of Court is further requested to mail a copy of this Order to Plaintiff. SO ORDERED (Signed by Judge Philip M. Halpern on 1/8/2021) (ks) Transmission to Docket Assistant Clerk for processing.

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Case 7:19-cv-05442-PMH Document 34 Filed 01/08/21 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------X STEVEN NEGRON Plaintiff, v. UNITED STATES OF AMERICA, et al., ORDER Defendants. ---------------------------------------------------------X 19-CV-05442 (PMH) PHILIP M. HALPERN, United States District Judge: On September 21, 2020, the Court issued a Memorandum Opinion and Order granting Defendants’ motion to dismiss, and providing in relevant part, that Plaintiff could convert his injunctive relief request related to the allegedly improper prison transfer into a habeas petition brought pursuant to 28 U.S.C. § 2241, within 30 days of that Order. (Doc. 28). On October 27, 2020, no habeas petition having been filed, the Clerk of Court entered Judgment and closed this case. (Doc. 29). On November 19, 2020, Plaintiff requested that the Court reopen the case (Doc. 30); and on November 23, 2020 Defendants consented to an extension of time for Plaintiff to file a petition (Doc. 31). On November 25, 2020, the Court granted Plaintiff’s request, reopened the case, and directed Plaintiff to file his habeas petition, if he be so advised, in accordance the September 21, 2020 Memorandum Opinion and Order by December 24, 2020. (Doc. 33). The Court further instructed that if Plaintiff did not file his petition by December 24, 2020, this action would be dismissed in its entirety without further notice to the parties. (Id.). As of today’s date, no petition has been filed by Plaintiff, nor has he requested any further extension of time within which to do so. Accordingly, the Court respectfully directs that the Clerk of Court enter judgment and close this case. The Clerk of Court is further requested to mail a copy of this Order to Plaintiff. Case 7:19-cv-05442-PMH Document 34 Filed 01/08/21 Page 2 of 2 SO ORDERED: Dated: New York, New York January 8, 2021 ____________________________ Philip M. Halpern United States District Judge 2

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