Williams v. Smith

Background

In an earlier order, the court directed the U.S. Marshals Service to serve Defendant Marquis Smith. The court also told Plaintiff Marquise Williams that he should request an extension if Smith was not served within 90 days after the summons was issued. Williams was further ordered to notify the court in writing if his address changed, and the court warned that the case could be dismissed if he failed to do so.

The Marshals Service reported that it could not serve Smith. Williams did not request additional time for service. The court also found that Williams had not kept the court informed of his current address: the docket listed Collins Correctional Facility, while the New York State Department of Corrections and Community Supervision website listed him at Mohawk Correctional Facility. Because of these failures and the time that had passed without communication from Williams, the court was unsure whether he wanted to continue the case.

Order

The court ordered Williams to advise it in writing no later than June 19, 2024, whether he wished to pursue the case. If he wished to continue, he also had to explain why he had not requested an extension of time for service or provided a current address.

The court warned that failure to respond, or an inadequate response, may result in dismissal under Federal Rules of Civil Procedure 16(f)(1)(C) and/or 41(b). The court did not dismiss the case in this order. The clerk was directed to send the order to Williams at both the address listed on the docket and Mohawk Correctional Facility.