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KANG v. U.S.

United States District Court, Southern District of New York


May 12, 2003

MIN KANG, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: Laura Taylor Swain, United States District Judge

ORDER

Following the death of Judge Allen G. Schwartz, the above-captioned case has been recently transferred to the undersigned.

On November 6, 2001, Judge Schwartz issued an order, a copy of which is attached, granting Petitioner's motion to proceed in forma pauperis, denying Petitioner's request that the Clerk of Court provide Petitioner with copies of certain materials from his underlying criminal case, 99 Crim. 731, with leave to renew if Petitioner's former counsel, Matthew Joonho Jeon, does not provide the materials, and granting Petitioner leave to file a memorandum of law in support of his petition after he receives the requested materials. Judge Schwartz directed Petitioner to file his memorandum of law in support of his petition no later than thirty (30) days after the date on which he receives the requested materials, and further directed Respondent to file a response to the petition within sixty days of the receipt of Petitioner's memorandum of law.

The November 6, 2001 Order does not appear on the docket of the above-captioned matter, but does appear on the docket in Petitioner's underlying criminal case. The criminal docket also indicates that a copy of the Order was served on Respondent in August 2002, but it is unclear from the docket when the Order was issued to Petitioner. In light of the foregoing, it is hereby

ORDERED, that the Petitioner shall serve and file his memorandum of law in support of his petition within thirty (30) days of the date of this order, or show cause by written affidavit (by that same deadline) why this case should not be dismissed for failure to prosecute. The Chambers of the undersigned will serve copies of this order and attachment by regular mail on Petitioner, Mr. Jeon, and the Office of the United States Attorney.

SO ORDERED.

20030512

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