Montgomery v. May et al
Petitioner: Vernon Montgomery
Respondent: Robert May and Attorney General of the State of Delaware
Case Number: 1:2022cv01023
Filed: August 2, 2022
Court: US District Court for the District of Delaware
Presiding Judge: Maryellen Noreika
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 1, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 1, 2022 Filing 17 NOTICE of Appearance by Andrew J. Vella on behalf of Attorney General of the State of Delaware, Delaware DOJ (530), Robert May (Vella, Andrew)
August 30, 2022 Filing 16 Letter to Vernon Montgomery, from The Clerks Office, responding to D.I. #15 letter and enclosing one free copy of the docket sheet. (apk)
August 29, 2022 Filing 15 Letter to The Clerk of Court, from Vernon Montgomery, concerning receipt of AEDPA Election Form and Amended Petition for Writ of Habeas Corpus. (Attachments: #1 Exhibit)(apk)
August 29, 2022 Filing 14 Copy of D.I. #12 -1 EXHIBITS by Vernon Montgomery. (apk)
August 29, 2022 Opinion or Order Filing 13 ORDER TO RESPOND/ANSWER. NOTICE OF SERVICE: The Court has determined that the respondents should respond to the petition. Pursuant to the Memorandum of Understanding on Acceptance of Service between this Court, The Clerk of Court, and the Delaware Department of Justice, this Notice constitutes service under Fed. R. Civ. P. 4, Rules Governing Section 2254 Cases, 28 U.S.C. foll. Section 2254. Signed by Judge Maryellen Noreika on 8/29/2022. (Attachments: #1 DI 1 Petition for Writ of Habeas Corpus, #2 DI 3 Memorandum in Support of Petition for Writ of Habeas Corpus, #3 DI 4 Motion to Amend Petition for Writ of Habeas Corpus, #4 DI 5 Memorandum in Support of Motion to Amend Petition for Writ of Habeas Corpus, #5 DI 6 Motion for Leave to File Second Amended Petition for Writ of Habeas Corpus, #6 DI 7 AEDPA Order, #7 DI 11 AEDPA Election Form, #8 DI 12 Amended Petition for Writ of Habeas Corpus) (apk)
August 26, 2022 Filing 12 AMENDED PETITION for Writ of Habeas Corpus - filed by Vernon Montgomery. (Attachments: #1 Exhibit A-P)(mpb)
August 17, 2022 Filing 10 Letter to The Clerks Office, from Vernon Montgomery, regarding receving signed AEDPA Election Form and defendant Jacob Payton. (apk)
August 16, 2022 Filing 11 AEDPA Election Form filed by petitioner and requesting to amend 2254 to include all grounds within 30 days. (smg)
August 15, 2022 Filing 9 Letter to Vernon Montgomery, from Clerk of Court, regarding Filing Fee Received - re #8 Letter. (srs)
August 15, 2022 Filing Fee Received: $ 5.00, receipt number DEX037845. (srs)
August 12, 2022 Filing 8 Letter to U.S. District Court of Delaware, from Vernon Montgomery Jr., regarding Filling Fee Payments. (srs)
August 9, 2022 Opinion or Order Filing 7 ORDER, Petitioners motions to amend (D.I. #4 , #6 ) are GRANTED. Petitioner must file the attached election form with the Court on or before September 8, 2022. Failure to timely return the completed election form will result in the Court ruling on the pending Petition as filed (Copy to pet. with Mag. Consent Form & AEDPA Form)( Notice of Compliance deadline set for 9/8/2022.). Signed by Judge Maryellen Noreika on 8/9/2022. (Attachments: #1 AEDPA Election Form) (apk)
August 8, 2022 Filing 6 Motion for Leave to File a 2nd Amended D.I. #1 Petition for Writ of Habeas Corpus - filed by Vernon Montgomery. (srs)
August 5, 2022 Filing 5 MEMORANDUM in Support re #4 MOTION to Amend filed by Vernon Montgomery. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(apk)
August 5, 2022 Filing 4 MOTION to Amend D.I. #1 Petition for Writ of Habeas Corpus - filed by Vernon Montgomery. (Attachments: #1 Amended Petition, #2 Exhibits to Amended Petition)(apk)
August 3, 2022 Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)
August 1, 2022 Filing 3 MEMORANDUM in Support re #1 Petition for Writ of Habeas Corpus, filed by Vernon Montgomery. (Attachment(s): #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M) (smg).
August 1, 2022 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (smg)
August 1, 2022 Filing 1 PETITION for Writ of Habeas Corpus (No IFP, No Fee Paid)- filed by Vernon Montgomery. (Attachments: #1 Exhibit, # 2 Letter regarding fee)(smg)

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Petitioner: Vernon Montgomery
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Respondent: Robert May
Represented By: Andrew J. Vella
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Respondent: Attorney General of the State of Delaware
Represented By: Andrew J. Vella
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