LOCUMENT UNITED STATES DISTRICT COURT | ELECTRONICALLY FILED | SOUTHERN DISTRICT OF NEW YORK | noOc ye □□ Torrone ese ssssce socrmen □□ TDAYEEILED: ¢/23/22 JERMAINE MCGINNIS, : sume Ee MeL □ Plaintiff, : CopieSMailed/Faxed Chambers of Vincent L. B □ ORANGE COUNTY; CORRECTION □ ORDER Person incent □ □□□□□□□□ OFFICER BANDES, Badge #105 or #106; : CORRECTION OFFICER M. CARTER, Badge: 22 CV 3335 (VB) #339; CORRECTION OFFICER : DONAHOUGH; and CORRECTION OFFICER: D. POWEL, Defendants. : me ye tt tt On August 22, 2022, the Court’s mailings to plaintiff of the Court’s order of service dated August 5, 2022 (Doc. #31), and the order denying defendants’ motion to dismiss dated August 5, 2022 (Doc. #32), were returned and marked “[rJeturn to sender attempted - not known unable to forward.” The mailings were sent to plaintiff at 140 Old Orangeburge Road, Orangeburg, NY 10962, the mailing address listed on his complaint. (See Doc. #1). Plaintiff’s letters received on June 24, 2022 (Docs. ##14-16), were mailed in envelopes with the return address of Rockland Psychiatric Center, Business Office, Orangeburg, New York 10962. Thus, Chambers will resend a copy of the returned mailings to this address. It is plaintiff’s obligation to provide the Court with a current address at which the Court may contact him by mail. Accordingly, plaintiff must promptly complete and return the attached notice of change of address to the Court by September 23, 2022, or the case may be dismissed for failure to comply with Court orders or dismissed for failure to prosecute. See Fed. R. Civ. P. 16(f), 41(b). Chambers will mail a copy of this Order to plaintiff at the address listed on the docket as well as the address listed above. Dated: August 23, 2022 , White Plains, NY SO ORDERED: Vincent L. Briccetti United States District Judge TH-34 Rev:2014-1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK (List the full name(s) of the plaintiff(s)/petitioner(s).) 22 CV 3335 ( VB )C ) inst- “gams NOTICE OF CHANGE OF ADDRESS (List the full name(s) of the defendant(s)/respondent(s).) I hereby notify the Court that my address has changed to the following: Name (Last, First, MI) Address City State Zip Code Telephone Number E-mail Address (if available) Date Signature UNITED STATES DISTRICT COURT \ MEAT: SOUTHERN DISTRICT OF NEW YORK | aL ct ey ALE SLE? □ JERMAINE MCGINNIS, AR FILER: x tL Plaintiff, : cmemueenenebeens Vv. ORANGE COUNTY; CORRECTION ORDER OFFICER BANDES, Badge #105 or #106; : CORRECTION OFFICER M. CARTER, Badge 22 CV 3335 (VB) #339; CORRECTION OFFICER x □ - 22 DONAHOUGH; and CORRECTION OFFICER: Copie OF avin, dD D. POWEL, Chambtes6f Vince: L. □□□□□□□□□ Defendants. : ™ me errant onan men ne eee ae atararan onan neve KX Plaintiff, who is proceeding pro se and in forma pauperis, commenced this action by filing complaint. (Doc. #1), On July 21, 2022, the Court issued an Order pursuant to Valentin v. Dinkens, 121 F.3d 72 (2d Cir. 1997), directing the Orange County Attorney to identify defendant C.O. D. Powel and to provide service addresses for C.O. D. Powel and C.O. M. Carter. (Doc. #23). On July 25, 2022, the Court received a letter from defense counsel identifying C.O. D. Powel as C.O. D, Powles and providing service addresses for defendants C.O. Michael Carter and C.O. D. Powles. (Doc. #26).. Thus, the Clerk is instructed to fill out a U.S. Marshals Service Process Receipt and Return form for C.O. Michael Carter and C.O. D. Powles, both with the address of Orange County Correctional Facility, 110 Wells Farm Road, Goshen, New York 10924, and further instructed to issue summonses and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon these defendants. The Clerk is further instructed to substitute C.O. D. Powles for defendant Correction Officer D. Powel. Chambers will mail a copy of this Order to plaintiff at the address listed on the docket. Dated: August 5, 2022 White Plains, NY SO ORDERED: Vincent L. Briccetti United States District Judge UNITED STATES DISTRICT COURT ae SBNY SOUTHERN DISTRICT OF NEW YORK 3) oy-yeg oR {eon ALLY SERIO TERMIAING MIceane ee TT, PPO AUL i JERMAINE MCGINNIS, Naodes 0 Qe gy Plaintiff, Woogie oe Vos te il Tebdaes cee seem oe mete eONEEER Ty ed v. `` ORANGE COUNTY; CORRECTION ORDER OFFICER BANDES, Badge #105 or #106; CORRECTION OFFICER M. CARTER, Badge: 22 CV 3335 (VB) #339; CORRECTION OFFICER DONAHOUGH; and CORRECTION OFFICER: □ □□□ a D. POWEL, oples d/Faxed Defendants. Chambers of Vincent L. Brick. OD nk mt tt tt □□ Plaintiff, who is proceeding pro se and in forma pauperis, commenced this action by filing complaint. (Doc. #1). He asserts claims against defendants Orange County, Correction Officer Bandes, and Correction Officer Donahough, who have been served (the “Served Defendants”); and defendants Correction Officer M. Carter and Correction Officer D. Powles, who have not been served (the “Unserved Defendants”), On August 4, 2022, the Served Defendants moved to dismiss the complaint. (Doc. #27). In the interest of judicial efficiency, the motion to dismiss is DENIED WITHOUT PREJUDICE. After the Unserved Defendants have been served and have appeared in this action, the Court will set a deadline for all defendants to answer, move, or otherwise respond to the complaint. To the extent any defendants plan to move to dismiss and are represented by the same counsel, they must file a single, combined motion to dismiss. The Clerk is instructed to terminate the motion. (Doc. #27). Chambers will mail a copy of this Order to plaintiff at the address listed on the docket. Dated: August 5, 2022 White Plains, NY SO ORDERED: Vincent L. Briccetti United States District Judge