Smith v. Gutierres

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------x : JASON M. SMITH, : Plaintiff, : 21-CV- 6086 (RA) (OTW) : -against- : ORDER : JIMMY GUTIERRES, et al., : : Defendants. : : -------------------------------------------------------------x ONA T. WANG, United States Magistrate Judge: On August 16, 2022, and September 12, 2022, the Court ordered the pro se Plaintiff to provide Defendants his initial disclosures and to file a letter on the docket confirming the same. (ECF 41, 44). On December 21, 2022, I issued an Order to Show Cause by November 21, 2022, why I should not recommend dismissal of this action for failure to prosecute. (ECF 47). The Court received, by United States Postal Service, a mailed submission of hard-copy discovery materials from pro se Plaintiff postmarked September 30, 2022. The Court construes pro se Plaintiff’s mailing of his discovery materials as a response to our order to provide his initial disclosures, and as a sufficient response to our Order to Show Cause.1 The Court will hold an in-person Status Conference on January 5, 2023, at 10:00 a.m. in Courtroom 20D, 500 Pearl Street, New York, NY 10007. All parties, including the pro se Plaintiff Mr. Smith, are directed to attend the conference.

1 A Court is “obligated to afford a special solicitude to pro se litigants.” Tracy v. Freshwater, 623 F.3d 90, 101 (2d Cir. 2010). For future reference regarding discovery procedures, including who to send discovery materials to, the Court recommends the pro se Plaintiff review the Pro Se section of the Southern District of New York’s website (https://www.nysd.uscourts.gov/prose), specifically the

Discovery Guide for Pro Se Litigants. See https://nysd.uscourts.gov/sites/default/files/2018- 06/discoveryguide.pdf. For future reference on how to file documents, such as letters, on the docket, the pro se Plaintiff is advised that he should submit his documents to the Pro Se Unit in the Southern District of New York, not to the chambers of the judges in this case. (See ECF 8). The Court recommends the pro se Plaintiff review the Instructions to Email Pro Se Filings available on the

Southern District of New York website. See https://nysd.uscourts.gov/sites/default/files/2021- 04/2021-04-21-Email-Instructions-pro-se-filings-final.pdf. If pro se Plaintiff would prefer hard copies of the above guides and forms, he may pick them up at the Pro Se Unit in Room 105, 40 Foley Square, New York, NY 10007. Counsel for Defendants is directed to: (1) serve a copy of this Order on pro se Plaintiff

utilizing the updated address for Plaintiff listed on the docket by December 6, 2022; (2) file proof of such service on the docket; and, to (3) call and email pro se Plaintiff informing him of the upcoming conference.

SO ORDERED. s/ Ona T. Wang Dated: New York, New York Ona T. Wang December 2, 2022 United States Magistrate Judge