Bruno v. Superintendent, Upstate Correctional Facility

Background

Respondent moved to dismiss Justin Bruno’s habeas petition for failure to prosecute. A magistrate judge issued a report and recommendation recommending that the motion be granted. The recommendation noted that Bruno had not communicated with the court since November 9, 2021, when he requested appointment of volunteer counsel. Mail sent to Bruno was returned as undeliverable, and the magistrate judge directed him to update his address.

On May 22, 2024, the court declined at that time to dismiss the petition. It found that Bruno had not previously been warned that the case could be dismissed and had not been given an adequate opportunity to respond to the dismissal motion. The court extended his deadline to June 20, 2024, warned that failing to oppose the motion could result in dismissal of the entire petition, and directed him to update his address. Bruno did not file an opposition or otherwise contact the court.

Ruling

Because Bruno was representing himself, the court applied the special leniency given to people without lawyers and granted him an additional extension. The court ordered him to file an opposition to Respondent’s motion to dismiss by August 1, 2024. It also directed him to update his address so that the court and Respondent could contact him. The court warned that failure to oppose the motion would result in dismissal of the petition in its entirety. It directed the Clerk to mail the order to Bruno and directed Respondent to serve the order at any other known or former addresses and file proof of service by July 10, 2024. The order did not itself dismiss the petition or decide the underlying habeas claims.