Baltas v. Commissioner of Corrections
| Joe J. Baltas |
| Commissioner of Corrections |
| 3:2022cv00571 |
| April 18, 2022 |
| US District Court for the District of Connecticut |
| Victor A Bolden |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on May 31, 2024. A more recent docket listing may be available from PACER.
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Filing 63
REPLY TO OPPOSITION re #54 Response to Order to Show Cause filed by Joe J. Baltas. (Imbriani, Susan)
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Filing 62
ORDER granting #60 Motion for Extension of Time. The MOTION for Extension of Time until 21 days to respond to Opposition #54 Response to Order to Show Cause is GRANTED until September 26, 2023. Signed by Judge Victor A. Bolden on 9/1/2023. (Rafla-Yuan, Deanna)
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Filing 61
NOTICE of Change of Address by Joe J. Baltas (Corriette, M.)
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Filing 60
MOTION for Extension of Time until 21 days to respond to Opposition #54 Response to Order to Show Cause by Joe J. Baltas. (Imbriani, Susan)
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Filing 59
ORDER granting #58 Motion for Extension of Time until 15 days to respond to Opposition #54 Response to Order to Show Cause. Petitioner's motion for extension of time is GRANTED until September 5, 2023 to file a response. Signed by Judge Victor A. Bolden on 8/18/2023. (Rafla-Yuan, Deanna)
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Filing 58
MOTION for Extension of Time until 15 days to respond to Opposition #54 Response to Order to Show Cause by Joe J. Baltas. (Imbriani, Susan)
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Filing 57
NOTICE of Change of Address by Joe J. Baltas (Corriette, M.)
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Filing 56
ORDER granting #55 Motion for Extension of Time. Petitioner's #55 Motion for an extension of time to respond to Defendant's opposition is GRANTED. Petitioner shall file a response by August 18, 2023. Signed by Judge Victor A. Bolden on 7/14/2023. (Diallo, I.)
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Filing 55
MOTION for Extension of Time until 30 days to respond to Opposition #54 Response to Order to Show Cause by Joe J. Baltas. (Imbriani, Susan)
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Filing 54
RESPONSE TO #50 Order to Show Cause,, by Commissioner of Corrections filed by Commissioner of Corrections. (Attachments: #1 Appendix Appendix K, #2 Appendix Appendix L)(Proto, Michael)
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Filing 53
MOTION for Discovery by Joe J. Baltas. Responses due by 6/29/2023. (Fanelle, N.)
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Filing 52
OBJECTION re #46 Order on Motion for Reconsideration filed by Joe J. Baltas. (Imbriani, Susan)
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Filing 51
MOTION to Appoint Counsel by Joe J. Baltas. (Imbriani, Susan)
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Filing 50
ORDER TO SHOW CAUSE: Upon the amended petition for writ of habeas corpus under 28 U.S.C. 2254 filed on May 15, 2023, it is hereby ORDERED that the Respondent file a response on or before June 30, 2023, why the relief prayed for in the petition for writ of habeas corpus should not be granted, and it is ORDERED that the Clerk serve a copy of this Order and a copy of the petition and all attachments, to respondents representative, Supervisory Assistant States Attorney Angela R. Macchiarulo, by e-mail, on or before May 23, 2023. Signed by Judge Victor A. Bolden on 5/16/2023. (Diallo, I.)
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Filing 49
ORDER finding as moot #47 Motion to Reopen Case. The Court DENIES the motion reopen as this case was never closed. Signed by Judge Victor A. Bolden on 5/16/2023. (Diallo, I.)
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Filing 48
AMENDED Petition for Writ of Habeas Corpus against Commissioner of Corrections, filed by Joe J. Baltas.(Imbriani, Susan)
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Filing 47
MOTION to Reopen Case and Notice of Amended Petition Filing by Joe J. Baltas.Responses due by 6/5/2023 (Imbriani, Susan)
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Filing 46
ORDER granting in part and denying in part #43 Motion for Reconsideration. Mr. Baltas's motion for reconsideration, ECF No. #43 is GRANTED, to the extent that Mr. Baltas has exhausted his state court remedies on the three examples of prosecutorial misconduct identified in this Order, and DENIED in all other respects. Mr. Baltas is reminded that, if he wishes to proceed only on the grounds for which he has exhausted his state court remedies, he may file an amended petition containing only the exhausted claims, i.e., the claims identified as exhausted in the ruling on the motion to dismiss and the examples of prosecutorial misconduct listed in this Order. He should do so by June 2, 2023. Mr. Baltas is cautioned, however, that if he chooses to proceed only on the exhausted claims, he will run the risk that any subsequent petition containing the unexhausted claims will not be considered by this Court as it would constitute a second or successive petition. See 28 U.S.C. 2244(b)(2). Signed by Judge Victor A. Bolden on 3/17/2023. (Diallo, I.)
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Filing 45
ORDER granting in part and denying in part #44 Motion for Status Update and/or Rule Timeline. The Court sua sponte extends the time for filing an Amended Petition until June 2, 2023. Signed by Judge Victor A. Bolden on 2/7/2023. (Diallo, I.)
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Set Deadlines/Hearings: Amended Petition deadline set for 6/2/2023. (Murphy, Tatihana)
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Filing 44
Petitioner's MOTION for Status Update and/or Rule Time Line by Joe J. Baltas. (Peterson, M)
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Filing 43
MOTION for Reconsideration re #34 Order on Motion to Dismiss, by Joe J. Baltas. (Imbriani, Susan)
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Filing 42
NOTICE and Withdrawal of Motion #40 by Joe J. Baltas (Imbriani, Susan)
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Filing 41
ORDER denying as moot #40 Motion for Clarification. The Clerk of the Court has mailed a second copy of the Ruling, ECF No. #34 , to Mr. Baltas on January 3, 2023. See ECF No. 39. The detailed Ruling provides Mr. Baltas the information he needs to file an Amended Petition, if he so chooses. Accordingly, #40 Motion for Clarification is DENIED as moot. Signed by Judge Victor A. Bolden on 1/7/2023. (Diallo, I.)
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Filing 40
MOTION for Clarification #34 Order on Motion to Dismiss, by Joe J. Baltas. (Imbriani, Susan)
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Filing 39
ORDER. Plaintiff has filed a Notice indicating that he did not receive the Court's Ruling granting Defendant's Motion to Dismiss, ECF No. #34 . The Court notes that on December 20, 2022, the Clerk of the Court mailed the Order to Plaintiff's address of record, which is: MACDOUGALL-WALKER CORRECTIONAL INSTITUTION, 1153 East Street South, Suffield, CT 06080. Because Plaintiff has now indicated that he did not receive this mailing, the Clerk of the Court is respectfully directed to re-send the Ruling, ECF No. #34 , to plaintiff's address of record. The Court also sua sponte extends the deadline for Plaintiff to file an amended petition to March 3, 2023. Signed by Judge Victor A. Bolden on 01/03/2023. (Diallo, I.)
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Filing 38
NOTICE that plaintiff has not received ruling #34 by Joe J. Baltas (Imbriani, Susan)
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Filing 37
ORDER granting #36 Motion for Extension of Time. Petitioner has filed a motion for extension of time for 15 days to file an Amended Petition. While the motion refers to the deadline as December 27, 2022, the Court has construed that date as a scrivener's error, and assumes that the Petitioner meant January 27, 2023. Accordingly, Petitioner shall file an Amended Petition by February 13, 2023. Signed by Judge Victor A. Bolden on 12/23/2022. (Diallo, I.)
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Filing 36
MOTION for Extension of Time of 15 days to file amended petition #1 Petition for Writ of Habeas Corpus by Joe J. Baltas. (Imbriani, Susan)
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Filing 35
ORDER finding as moot #33 Motion for TRO, in light of the Court's Order granting Respondent's motion to dismiss, see ECF No. #34 . Signed by Judge Victor A. Bolden on 12/16/2022. (Diallo, I.)
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Filing 34
ORDER granting #20 Motion to Dismiss. For reasons explained in the attached Ruling and Order, the Respondent's Motion to Dismiss, ECF No. #20 , is GRANTED. The petition is DISMISSED without prejudice for failure to exhaust state court remedies on all claims before commencing this action. The Court concludes that jurists of reason would not find it debatable that Mr. Baltas failed to exhaust his state court remedies on all grounds asserted in this Petition. Thus, a certificate of appealability will not issue. See Slack v. McDaniel, 529 U.S. 473, 484 (2000) (holding that when a district court denies a habeas petition on procedural grounds, a certificate of appealability should issue if jurists of reason would find debatable the correctness of the district courts decision). Mr. Baltas is informed that, if he wishes to proceed only on the grounds for which he has exhausted his state court remedies, he may file an amended petition containing only the exhausted claims. He should do so by January 27, 2023. Mr. Baltas is cautioned, however, that if he chooses to proceed only on the exhausted claims, he will run the risk that any subsequent petition containing the unexhausted claims will not be considered by this Court as it would constitute a second or successive petition. See 28 U.S.C. 2244(b)(2) (stating that "[a] claim presented in a second or successive habeas corpus application under section 2254 that was not presented in a prior application shall be dismissed" subject to limited exceptions). Signed by Judge Victor A. Bolden on 12/16/2022. (Diallo, I.)
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Filing 33
Emergency MOTION for Temporary Restraining Order and Injunction by Joe J. Baltas. (Imbriani, Susan)
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Filing 32
NOTICE of Change of Address by Joe J. Baltas (Corriette, M.)
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Filing 31
NOTICE of Change of Address by Joe J. Baltas (Corriette, M.)
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Filing 30
EXHIBITS by Joe J. Baltas re #29 Response. (Imbriani, Susan)
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Filing 29
OPPOSITION to #20 MOTION to Dismiss filed by Joe J. Baltas. (Attachments: #1 Exhibits, #2 Notice, #3 Memorandum in Support)(Fanelle, N.)
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Filing 28
ORDER granting #26 Motion for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss until 9/19/22. The Court GRANTS the #26 Motion for Extension of Time. Petitioner shall respond to the #20 Motion to Dismiss by September 19, 2022. The Court treats the #27 Objection re 25 Order on Motion for Miscellaneous Relief, Order on Motion to Appoint Counsel as a motion for reconsideration, which it DENIES. The Court's 25 Order does not prevent Petitioner from continuing to seek representation, even limited assistance, on his own. Signed by Judge Victor A. Bolden on 8/2/2022. (Castano, Nelson)
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Filing 27
OBJECTION re 25 Order on Motion for Miscellaneous Relief, Order on Motion to Appoint Counsel, filed by Joe J. Baltas. (Imbriani, Susan)
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Filing 26
MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss until 9/19/22 by Joe J. Baltas. (Imbriani, Susan)
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Filing 25
ORDER denying without prejudice #23 Motion for Access to Legal Resources; denying without prejudice #24 Motion to Appoint Counsel. Both the #23 Motion for Access to Legal Resources and the #24 Motion to Appoint Counsel are DENIED without prejudice to renewal following a decision on the #20 Motion to Dismiss. The Court also notes the absence of an entitlement to counsel, and thus to legal resources, in civil matters. See Guggenheim Capital, LLC v. Birnbaum, 722 F.3d 444, 453 (2d Cir. 2013) ("[I]t is well-settled that, except when faced with the prospect of imprisonment, a litigant has no legal right to counsel in civil cases."); Leftridge v. Connecticut State Trooper Officer No. 1283, 640 F.3d 62, 68 (2d Cir. 2011) ("A party has no constitutionally guaranteed right to the assistance of counsel in a civil case."). Signed by Judge Victor A. Bolden on 7/26/2022. (Castano, Nelson)
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Filing 24
MOTION to Appoint/Assistance of Counsel by Joe J. Baltas. (Imbriani, Susan)
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Filing 23
MOTION for Access to Legal Resources by Joe J. Baltas.Responses due by 8/15/2022 (Imbriani, Susan)
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Filing 22
NOTICE by Commissioner of Corrections re #20 MOTION to Dismiss (Rule 12) (Proto, Michael)
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Filing 21
Memorandum in Support re #20 MOTION to Dismiss filed by Commissioner of Corrections. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D, #5 Appendix E, #6 Appendix F, #7 Appendix G, #8 Appendix H, #9 Appendix I, #10 Appendix J)(Proto, Michael)
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Filing 20
MOTION to Dismiss by Commissioner of Corrections.Responses due by 8/8/2022 (Proto, Michael)
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Filing 19
ORDER denying #18 Motion for Order to Return Petitioner's Case Files. Mr. Baltas' #18 Motion for Order to Return Petitioner's Case Files is DENIED. The Court must have in personam jurisdiction over a person before the Court can order his actions. See Farah v. Richeson, No. 3:19-CV-01247 (CSH), 2019 WL 4201066, at *1 (D. Conn. Sept. 5, 2019) (court cannot enjoin actions of person who is not a defendant) (citing Doctor's Assocs., Inc. v. Reinert & Duree, P.C., 191 F.3d 297, 302 (2d Cir. 1999)); 11A Charles A Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure 2956, at 335 (2d ed. 2001) ("A court ordinarily does not have power to issue an order against a person who is not a party and over whom it has not acquired in personam jurisdiction."). The Kirschbaum Law Group is not a party to this action and did not represent Mr. Baltas in an action in this Court. Mr. Baltas may pursue his claim in state court. Signed by Judge Victor A. Bolden on 7/12/2022. (Castano, Nelson)
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Filing 18
MOTION for Order to Return Petitioner's case files to him by Joe J. Baltas. (Imbriani, Susan)
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Filing 17
ADDENDUM by Joe J. Baltas re #1 Petition for Writ of Habeas Corpus. (Imbriani, Susan)
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Filing 16
ORDER denying as moot #15 Motion for Order. In light of the extension of time for Respondent to respond to the Court's #7 Order to Show Cause, the Court DENIES as moot Petitioner's #15 Motion for Order. Signed by Judge Victor A. Bolden on 6/15/2022. (Castano, Nelson)
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Filing 15
MOTION for Order by Joe J. Baltas. (Imbriani, Susan)
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Filing 14
OBJECTION re #12 MOTION for Extension of Time until July 18, 2022 to Respond to #7 Order to Show Cause,, filed by Joe J. Baltas. (Imbriani, Susan)
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Filing 13
ORDER denying #10 Motion for Order Granting Petition; granting #12 Motion for Extension of Time. The Court GRANTS nunc pro tunc the #12 Motion for Extension of Time. Respondent shall file a response by July 18, 2022 explaining why the relief prayed for in the petition for writ of habeas corpus should not be granted. Accordingly, Petitioner's #10 Motion for Order Granting Petition is DENIED as moot.Signed by Judge Victor A. Bolden on 6/7/2022. (Castano, Nelson)
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Filing 12
MOTION for Extension of Time until July 18, 2022 to Respond to #7 Order to Show Cause,, by Commissioner of Corrections. (Proto, Michael)
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Filing 11
NOTICE of Appearance by Michael J. Proto on behalf of Commissioner of Corrections (Proto, Michael)
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Filing 10
MOTION for Order Granting Petition by Joe J. Baltas. (Oliver, T.)
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Filing 9
Request for copy of order by Joe J. Baltas (Imbriani, Susan)
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Filing 8
ORDER denying without prejudice #3 Motion to Appoint Counsel. For the reasons explained in the attached ruling, Mr. Baltas's #3 Motion to Appoint Counsel is DENIED without prejudice. Signed by Judge Victor A. Bolden on 4/27/2022. (Castano, Nelson)
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Filing 7
ORDER TO SHOW CAUSE. It is hereby ORDERED that the Respondent file a response on or before June 3, 2022 why the relief prayed for in the petition for writ of habeas corpus should not be granted, and it is ORDERED that the Clerk of Court serve a copy of this Order and a copy of the petition and all attachments, to respondents representative, Supervisory Assistant States Attorney Angela R. Macchiarulo, by e-mail, on or before May 2, 2022. Signed by Judge Victor A. Bolden on 4/27/2022. (Castano, Nelson)
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Filing fee received from Joe Baltas: $5.00, receipt number CTXN00024841. (Imbriani, Susan)
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Victor A. Bolden on 4/18/2022.(Imbriani, Susan)
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Filing 5
Prisoner E-Filing Standing Order on Prisoner Electronic Filing Program Signed by Judge Janet C. Hall on 4/18/2022.(Imbriani, Susan)
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Victor A. Bolden on 4/18/2022.(Imbriani, Susan)
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Filing 3
PRISCS- MOTION to Appoint Counsel by Joe J. Baltas. (Imbriani, Susan)
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Filing 2
PRISCS - NOTICE of Pro Se Appearance by Joe J. Baltas (Imbriani, Susan)
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Filing 1
PRISCS - PETITION for Writ of Habeas Corpus, filed by Joe J. Baltas. (Attachments: #1 envelope)(Imbriani, Susan)
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| Petitioner: Joe J. Baltas | |
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| Respondent: Commissioner of Corrections | |
| Represented By: | Michael J. Proto |
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