El-Amin v. People of the State of New York
- Andrew Carter
- 1:22-cv-01710
- U.S. District Court · Southern District of New York
- 2
In El-Amin v. People, Judge Moses ordered an address update, warning the case may be dismissed if El-Amin fails to comply.
Bayna LeHkiem El-Amin, who was ordered to update his address and pursue the case diligently.
What happened
In El-Amin v. People of the State of New York, the court noted that Bayna LeHkiem El-Amin appeared to have been conditionally released from Wallkill Correctional Facility in January 2024 but remained under supervision. The court stated that he therefore remained in custody for purposes of his federal proceeding under 28 U.S.C. § 2254.
The court said El-Amin had not updated his address since his release and reminded him that he must pursue the case diligently and provide a current mailing address. The court ordered him to submit a change-of-address form by August 18, 2025.
Judge Barbara Moses warned that the case may be dismissed if El-Amin failed to update his address or later failed to pursue the case diligently. She also directed the Clerk of Court to mail the order to El-Amin through his parole officers.
The detailed version
- El-Amin v. People of the State of New York · No. 1:22-cv-01710
- Andrew Carter
- June 18, 2025
Background
The court noted that petitioner Bayna LeHkiem El-Amin appeared to have been conditionally released from Wallkill Correctional Facility as of January 2024. Because he remained subject to supervision, the court stated that he remained “in custody” for purposes of 28 U.S.C. § 2254.
El-Amin had not updated his address with the court since his release, which the court said occurred more than a year earlier. The court reminded him that he was responsible for pursuing the action diligently, including updating the court whenever his address changed and providing a current address where he could receive mail from the court or other parties.
Order
The court ordered El-Amin to update his address no later than August 18, 2025, using the attached Notice of Change of Address form. The form could be mailed or delivered to the Pro Se Intake Unit at 500 Pearl Street, Room 250, New York, New York 10007.
The court stated that the case may be dismissed if El-Amin failed to update his address as required or later failed to pursue the action diligently. The Clerk of Court was directed to mail a copy of the order to El-Amin through parole officers T. Benbow and K. Stevenson-Butler at the New York Department of Corrections and Community Supervision’s Manhattan IIT Area Office.
Disposition and classification
Judge Barbara Moses entered an order requiring a change of address. The order did not decide the merits of the underlying proceeding. It is classified as a procedural order because it addressed case administration and warned of a possible dismissal for failure to comply.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.