Carbone v. Cunningham, No. 1:2006cv05710 - Document 35 (S.D.N.Y. 2012)

Court Description: OPINION AND ORDER: The Court has received the attached letter from the petitioner requesting that the Court direct the Clerk to send the petitioner all unreported decisions or decisions reported exclusively on computerized databases that were cited i n the Courts Memorandum Opinion and Order dated December 22, 2011 and to direct the respondent to attach any such decisions cited in any submission the respondent files. The Court directs the respondent to provide the petitioner with copies of any un published authorities or decisions reported exclusively on computerized databases that the respondent may cite in future submissions to the Court in this action. The Court also notes that its December 22, 2011 Memorandum Opinion and Order cited one u npublished decision. The Court will send a copy of this decision to the petitioner along with a copy of this Order and the additional unpublished decision cited in this Order. Additional relief as set forth in this Order.. (Signed by Judge John G. Koeltl on 1/6/2012) (pl)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK FRANK CARBONE, A/K/A STEVE ASCANIO, 06 Civ. 5710 (JGK) Petitioner, OPINION AND ORDER - against RAYMOND J. CUNNINGHAM, Respondent. JOHN G. KOELTL, District Judge: The Court has received the attached letter from the petitioner requesting that the Court direct the Clerk to send the petitioner all unreported decisions or decisions reported exclusively on computerized databases that were cited in the Court s Memorandum Opinion and Order dated December 22, 2011 and to direct the respondent to attach any such decisions cited in any submission the respondent files. As an initial matter, the local rules of the Southern District of New York require counsel to provide a pro se litigant with copies of cases and other authorities cited therein that are unpublished or reported exclusively on computerized databases. Local Civil Rule of the Southern and Eastern Districts of New York 7.2. Accordingly, the Court directs the respondent to provide the petitioner with copies of any unpublished authorities or decisions reported exclusively on computerized databases that the respondent may cite in future submissions to the Court in this action. The Court also notes that its December 22, 2011 Memorandum Opinion and Order cited one unpublished decision. The Court will send a copy of this decision to the petitioner along with a copy of this Order and the additional unpublished decision cited in this Order. (2d Cir. 2009) See, e.g., LeBron v. Sanders, 557 F.3d 76, 79 (urging district courts to "be sensitive both to ensuring that their local rules are strictly enforced and to considerations of whether pro se indigent litigants will have access, without cost, to review the case law relied upon by a district court in ruling upon the litigants' claims" and sending to the petitioner the unreported decisions cited by the district court); Edwards v. Bellnier, No. 09 Civ. 1508, 2011 WL 6817680, at *1 n.1 (S.D.N.Y. Dec. 28, 2011) (district court provided a copy of unpublished decisions cited in its ruling to pro se litigant) . SO ORDERED. Dated: New York, New York JanuarY 2012 ¢7' G. Koeltl tes District Judge 2 I'RANK CARI.tCIm to2-A-0076 (TI:Ue . . . ftBVB ASCAIllO) Altona COrrectional Facility 555 Devils Den Rd P.O.Box 3000 Altona, New York 12910 Jaunar:y I, 2012 JUDGE JOHN G. KOELTL UNITED STATES DIS'l'RICT CCCRT united states CourtHouse 500 Peerl street 06 elY. 5710 (JGK) New York, New York 10007-1312 Honorable Jurist ~ltl, I rec&dved the Courts ~ ~ and ~ on Dec) r hac JO, 20ll regarding petitioner's 60 (b){4) motion filed on Dac'Mj)8C' 8, lOll. This letter is in, regards of respectfully request.in3 that the court. direct, the clerk of the co~ to send, patlt1aner all' Weat law cita the ~raridUm where petitioner haS no ~ of ''tlSed in ·dise~' Ia\.ij:~to~,,:dttect the>defen&inti~' to attaCb all used uftheirrelJpo~ if ~:~ lai clitea casee t &: cibtiirdng these citea weat''iaw caseS': & cites are' uSed, to&mY'SUCh r.,q~8t will place Petitioner in ¢ severe disadvantage.sa pro .!! petitioner whO' has no means of obtaining such cites, and case law used because o.f petitioner's incarceration, where the DepaJ::tment of Corrections do not provide any means to obtain these case law citea~ Petitioner respectfully thanks 'tttt!! Honorable Court for ita t.ime cOncerning this request praying it will be granted. Petitioner also request that tl'ieClet:k"be" properly 'infotll1f!d" ~FaC111tl;' 555 Devile that petitioner' now "resldesat oen' Rd.' p .6. Box 3000 lltorta I Ne\1' "Aib:.. York I'2910 so" the"clerk and'C6tkt. 'l1a8the' proper facility and address to p'!'event any delay in receiving all legal correspaldence sent by the coqrt clerk ancVor defeooante concerning this matter. Frank carbone a/k/a steve 1ISCan1o cc: FUe Bronx District Attorney Attn: Mr. Eldar Hayouhas A.D.A

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