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Desrosiers v. Phillips

April 24, 2006

PETRI DESROSIERS, PLAINTIFF, ORDER
v.
WILLIAM PHILLIPS, DEFENDANT.



The opinion of the court was delivered by: Azrack, United States Magistrate Judge

On April 14, 2006, petitioner informed the Court that he had not received a copy of the Affidavit and Memorandum of Law in Opposition to Motion to Amend the Writ of Habeas Corpus by William Phillips (Dkt No. 15 (04/19/06)). Respondent indicated at the time of filing that he had mailed a copy of the filing to petitioner (Dkt No. 11 (12/16/05)). However, petitioner was moved from the Green Haven prison facility to Woodbourne mere days before the respondent's filing, and there is a real possibility that the papers may not have reached petitioner (Dkt No. 12 (12/14/05)). Since petitioner states he had not received the filing as of April 14, 2006, respondent is hereby ordered to serve a copy of the Affidavit and the Memorandum of Law on petitioner at Woodbourne Correctional Facility. Petitioner has thirty days from receipt of those documents to file a Reply with the Court.

SO ORDERED.

JOAN M. AZRACK UNITED STATES MAGISTRATE JUDGE

20060424

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