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Desrosiers v. Phillips

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


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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