Wallace v. Elmira CF
Richard Wallace |
Elmira CF |
6:2015cv06060 |
February 5, 2015 |
US District Court for the Western District of New York |
Rochester Office |
Chemung |
Elizabeth A. Wolford |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
Available Case Documents
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Filing 16 -CLERK TO FOLLOW UP- DECISION AND ORDER dismissing the amended petition (Dkt #7) as time-barred. Because Petitioner has failed to make a substantial showing of a denial of a constitutional right, the Court declines to issue a certificate of appealability. See 28 U.S.C. § 2253(c)(2). (Clerk to close case.) Copy of this Decision and Order sent to Mr. Wallace by first class mail. Signed by Hon. Michael A. Telesca on 8/30/16. (JMC) |
Filing 14 ORDER directing Respondent to file and serve upon Petitioner and the Court an Answer and a Memorandum of Law in Opposition, addressing each of the issues raised in the Amended Petition and including citations to relevant legal authority. Respondent 039;s Answer and Opposition Memorandum of Law are due forty-five (45) days from the date of entry of this Order. Petitioner shall have thirty (30) days from his receipt of Respondents Answer in which to file a Reply Memorandum of Law, should he elect to do so and Ordered that, in conjunction with his Answer, Respondent shall file all of the pertinent State court records from Petitioners State court criminal proceeding in accordance with Rule 4 of Rules Governing § 2254 Cases in the United S tates District Courts. Petitioner's Motion for Discovery 5 is granted to the extent that Respondent is directed to ensure that transcripts concerning the evidentiary hearing held in this matter before Hon. Francis A. Affronti, Monroe County Su preme Court on June 9, 2014, under indictment number 2099/97, are included in the state court records; and granting 8 Petitioner's Motion for Leave to Proceed in forma pauperis. Signed by Hon. Michael A. Telesca on 06/17/16. Copy of Order sent by first class mail to Plaintiff. (AFB) (Entered: 03/17/2016)(AFB). Scheduling deadlines in 12 Order dated 3/17/16 are terminated, and are reset as stated in 14 dated 6/17/16, because 12 Order was not served on Respondent or counsel for Respondent at the time it was filed. Modified on 6/17/2016 (AFB). |
Filing 12 ORDER granting 5 Motion for Discovery and Ordered that Respondent shall file and serve upon Petitioner and the Court an Answer and a Memorandum of Law in Opposition, addressing each of the issues raised in the Amended Petition and including citati ons to relevant legal authority. Respondents Answer and Opposition Memorandum of Law are due forty-five (45) days from the date of entry of this Order. Petitioner shall have thirty (30) days from his receipt of Respondents Answer in which to file a R eply Memorandum of Law, should he elect to do so and Ordered that, in conjunction with his Answer, Respondent shall file all of the pertinent State court records from Petitioners State court criminal proceeding in accordance with Rule 4 of Rules Gov erning § 2254 Cases in the United States District Courts. Petitioners Motion for Discovery is granted to the extent that Respondent is directed to ensure that transcripts concerning the evidentiary hearing held in this matter before Hon. Francis A. Affronti, Monroe County Supreme Court on June 9, 2014, under indictment number 2099/97, are included in the state court records; and granting 8 Motion for Leave to Proceed in forma pauperis. Signed by Hon. Michael A. Telesca on 3/17/16. Copy of Order sent by first class mail to Plaintiff. (JMC) |
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Petitioner: Richard Wallace | |
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Respondent: Elmira CF | |
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