Annette v. USA
| Frank Annette |
| Warden and USA |
| 3:2020cv01166 |
| August 12, 2020 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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This docket was last retrieved on September 9, 2020. A more recent docket listing may be available from PACER.
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Filing 5
ORDER denying #1 Petition for Writ of Habeas Corpus. Because the instant petition is not signed by petitioner Frank Annette despite identifying Mr. Annette as a self-represented litigant, it is not compliant with Fed. R. Civ. P. 11(a), which requires that "[e]very pleading, written motion, and other paper... be signed by at least one attorney of record in the attorney's name--or by a party personally if the party is unrepresented." Nor does it appear that Lisa Bakutis, P.P., who signed the petition on Mr. Annette's behalf, is an attorney licensed to practice in this District. See, e.g., Powerserve Int'l, Inc. v. Lavi, 239 F.3d 508, 514 (2d Cir. 2001) ("[A]n individual may not be represented in court by another person who is not an attorney") (citing 28 U.S.C. 1654). In addition, while captioned as an emergency motion for release pursuant to Section 2241, the petition does not identify any constitutional claims upon which habeas relief could be granted consistent with 28 U.S.C. 2241. Of note, the Court is aware of a motion seeking similar relief filed by Mr. Annette in the matter of United States v. Annette, Case No. 2:10-cr-00131-wks-2 (D. Vt. Sept. 4, 2020) in the United States District Court for the District of Vermont, which appears to be the appropriate forum for the relief he seeks. This petition is therefore dismissed without prejudice to the filing of an amended petition within 30 days. Any amended petition must identify constitutional claims for which habeas relief can be granted and must be signed by the petitioner. Signed by Judge Kari A. Dooley on 9/9/2020. (Cahill, Leslie)
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| Filing fee received from Lisa Bakutis (for: Frank Annette): $ 5.00, receipt number CTXH00017208 (Peterson, M) |
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 08/12/2020.(Fazekas, J.)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 08/12/2020.(Fazekas, J.)
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| Filing 2 NOTICE OF INSUFFICIENCY RE: HABEAS CORPUS FILING FEE - payment or Motion to Proceed in forma pauperis required. Signed by Clerk on 08/12/2020.(Fazekas, J.) |
| Filing 1 PETITION for Writ of Habeas Corpus Compassionate Release, filed by Frank Annette.(Fazekas, J.) (Main Document 1 replaced on 8/14/2020) (Blough, B.). |
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