Opinion
Civil Action 20 Civ. 154 (ER) (SLC)
10-25-2022
RICHARD DIAZ, Petitioner, v. SUPERINTENDENT THOMS, Respondent.
ORDER
SARAH L. CAVE, United States Magistrate Judge.
Pro se Plaintiff Richard Diaz's petition for a writ of habeas corpus (the “Petition”) has been referred to the undersigned for a report and recommendation. (See ECF Nos 1; 9). Having reviewed the parties' submissions, the Court has identified certain deficiencies, and orders as follows:
1. In the Petition, Mr. Diaz indicated that he “forwarded under separate cover copies of the exhibits referred to in” the Petition. (ECF No. 1 at 8). The exhibits, however, do not appear on the docket. Accordingly, Mr. Diaz is directed to re-file the exhibits by November 9, 2022.
2. On November 4, 2020, Respondent, through the Bronx District Attorney's Office (the “DA”), advised the Court that Mr. Diaz had filed a NYCPL § 440 motion (the “Motion”) in New York State Supreme Court, Bronx County (the “State Court”), and, on March 26, 2021, filed a copy of the State Court's decision on the Motion. (See ECF Nos. 25;29). Respondent did not, however, file copies of the papers filed in connection with the Motion. Accordingly, by November 9, 2022, Respondent shall
file copies of the Motion, the DA's opposition to the Motion, and Mr. Diaz's reply, if any.
The Clerk of Court is respectfully directed to mail a copy of this Order to Mr. Diaz at the below address.
SO ORDERED.