Swift v. Smith
Petitioner: Mark Swift
Respondent: Joseph T. Smith
Case Number: 6:2008cv06541
Filed: December 1, 2008
Court: US District Court for the Western District of New York
Office: Habeas Corpus (General) Office
County: XX US, Outside State
Presiding Judge: Michael A. Telesca
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 23, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 23, 2010 Opinion or Order Filing 24 JUDGMENT in favor of Joseph T. Smith against Mark Swift. Signed by Clerk of Court on 11/23/2010. (TO)
November 22, 2010 Opinion or Order Filing 23 DECISION AND ORDER granting respondent's motion to dismiss and dismissing the habeas petition as time barred. Signed by Hon. Michael A. Telesca on 11/22/10. (JMC)
November 9, 2010 Opinion or Order Filing 22 TEXT ORDER REASSIGNING CASE. Case reassigned to Hon. Michael A. Telesca for all further proceedings. Hon. David G. Larimer no longer assigned to case. Signed by Hon. David G. Larimer on 11/9/10. (EMA)
June 23, 2009 Opinion or Order Filing 21 ORDER denying #20 Motion to Appoint Counsel. Signed by Hon. David G. Larimer on 6/23/09. (TO)
June 17, 2009 Opinion or Order Filing 20 MOTION to Appoint Counsel by Mark Swift.(TO)
June 5, 2009 Opinion or Order Filing 19 TEXT ORDER granting #18 Motion for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss. Responses due by 7/1/2009. Signed by Hon. David G. Larimer on 6/5/09. (PR)
May 28, 2009 Opinion or Order E-Filing Notification: correct document added #18 MOTION for Extension of Time (TO)
May 21, 2009 Opinion or Order Filing 18 MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss by Mark Swift.(TO) (Correct attachment(s) added on 5/28/2009: #1 Main document) (TO). Modified on 5/28/2009 (TO).
April 30, 2009 Opinion or Order Filing 17 ORDER granting #14 Motion for Extension of Time to Answer. Respondent's answer to the petition must be filed 20 days following the entry of an order on the motion to dismiss, if the motion to dismiss is denied. Signed by Hon. David G. Larimer on 4/29/09. (TO)
April 23, 2009 Opinion or Order Filing 16 ORDER & NOTICE TO PRO SE PETITIONER re #11 MOTION to Dismiss filed by Joseph T. Smith. Responses due by 5/26/2009. Signed by Hon. David G. Larimer on 4/23/09. (PR)
April 16, 2009 Opinion or Order Filing 15 DECLARATION filed by Joseph T. Smith Supporting Motion to Extend Time to Answer. (Attachments: #1 Exhibit A)(Lyons, Paul)
April 16, 2009 Opinion or Order Filing 14 MOTION for Extension of Time to File Answer Until Motion to Dismiss is Decided by Joseph T. Smith.(Lyons, Paul)
April 15, 2009 Opinion or Order Filing 13 DECLARATION filed by Joseph T. Smith Supporting Motion to Dismiss. (Attachments: #1 Exhibits A to M)(Lyons, Paul)
April 15, 2009 Opinion or Order Filing 12 MOTION to Dismiss Memorandum of Law by Joseph T. Smith.(Lyons, Paul)
April 15, 2009 Opinion or Order Filing 11 MOTION to Dismiss by Joseph T. Smith.(Lyons, Paul)
March 17, 2009 Opinion or Order Filing 10 ORDER granting #9 Motion for Extension of Time to Answer Joseph T. Smith answer due 4/16/2009.. Signed by Hon. David G. Larimer on 3/16/09. (TO)
March 13, 2009 Opinion or Order Filing 9 Second MOTION for Extension of Time to File Answer by Joseph T. Smith. (Attachments: #1 Affidavit)(Lyons, Paul)
March 5, 2009 Opinion or Order Filing 8 DECLARATION in support of #1 Petition for Writ of Habeas Corpus filed by Mark Swift (TO)
January 23, 2009 Opinion or Order Filing 7 ORDER granting #6 Motion for Extension of Time to Answer re #1 Petition for Writ of Habeas Corpus Joseph T. Smith answer due 3/16/2009.. Signed by Hon. David G. Larimer on 1/21/09. (TO)
January 20, 2009 Opinion or Order Filing 6 First MOTION for Extension of Time to File Answer by Joseph T. Smith. (Attachments: #1 Affidavit)(Lyons, Paul)
December 29, 2008 Opinion or Order Filing 5 ORDER granting motion for IFP #2 , Answer and memo of law as to Joseph T. Smith 1/29/2009, The clerk of Court shall serve a copy of the petition together with a copy of this order by certified mail upon respondent Supr. of Shawangunk Correctional Facility, AAG in Charge, Rochester, NY and to mail a copy of this order to the DA of Steuben County.. Signed by Hon. Richard J. Arcara on 12/24/08. (TO)
December 1, 2008 Opinion or Order Filing 4 Case transferred in from District of New York Northern; Case Number 9:08-cv-01095.
December 1, 2008 Opinion or Order Filing 3 ORDER TRANSFERRING CASE to Western District of New York. Signed by Magistrate Judge David E. Peebles on 12/1/08. {order served on petitioner via regular mail}(nas) [Transferred from nynd on 12/1/2008.]
October 8, 2008 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Mark Swift. Motions referred to David E. Peebles. (nas ) [Transferred from nynd on 12/1/2008.]
October 8, 2008 Opinion or Order Filing 1 PETITION for Writ of Habeas Corpus filed by Mark Swift.postmarked: 10/6/08(nas) [Transferred from nynd on 12/1/2008.]

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Petitioner: Mark Swift
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Respondent: Joseph T. Smith
Represented By: Paul B. Lyons
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