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“fo <a ey Office of the New York State Letitia James Attorney General Attorney General

September 2, 2025 Via ECF The Honorable Kenneth M. Karas United States District Judge Southern District of New York 300 Quarropas Street White Plains, New York 10601 Re: Deleon v. Johnson, et al., 24-Civ-08101 (KMK) Dear Judge Karas: The New York State Office of the Attorney General represents Defendants Johnson, Pagan, Miller, Bell, and Kreischer (“State Defendants”) in the above-referenced action. State Defendants write in response to Plaintiff’s motion to compel the production of documents filed on August 11, 2025. ECF No. 41. Plaintiff’s request for documents without an operative complaint is premature. On June 13, 2025, the Court ordered Plaintiff to file a short and plain statement of the claims he wished to pursue. ECF No. 30. Since that time, Plaintiff has failed to file a coherent recitation of his claims and clarify the intended defendants. See, e.g., ECF Nos. 32, 38. Plaintiff has no legal basis to support his application to compel records without an operative complaint as “the American legal system does not permit pre-action discovery.” Frigerio v. United States, No. 10 CIV. 9086 SAS,

, at *1 (S.D.N.Y. Aug. 5, 2011). Further, Plaintiff should not be permitted to conduct a fishing expedition to seek out potential causes of action. For these reasons the Court should not entertain Plaintiff's motion. We thank the Court for its time. Defendants are correct. Plaintiff is not entitled to discovery until a complaint is filed that plausibly Respectfully submitted, states a claim. Therefore, Plaintiff's application to compel is denied without prejudice. The Clerk is /s/ Jennifer Goltche respectfully directed to mail this document to Fenniifi lich Plaintiff. SmLinii ESaRtal Assistant Attorney General Sq Ordere (212) 416-8591 Lh ~ [email protected] 9/2/25

Litigation Bureau | 28 Liberty Street, New York NY 10005

Hon. Kenneth M. Karas Page 2 of 2 September 2, 2025 BY U.S. MAIL cc: Jonathan Deleon, DIN 19A2396 Clinton Correctional Facility 1156 Rt. 374 P.O. Box 2000 Dannemora, New York {2929