Upton v. Commissioner of Correction
Petitioner: Robert Upton
Respondent: Commissioner of Correction
Case Number: 1:2021cv10232
Filed: February 10, 2021
Court: US District Court for the District of Massachusetts
Presiding Judge: Marianne B Bowler
Referring Judge: Richard G Stearns
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 10, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 10, 2021 Filing 25 Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered. The court adopts the proposed scheduling order as set forth in Docket Entry # 20. A copy of this ORDER and a copy of Docket Entry # 20 shall be sent to the plaintiff.(Bowler, Marianne)
April 9, 2021 Filing 24 Copy re [dkt # 23] Order Referring Case to Magistrate Judge, [dkt # 22] Order on Motion for Miscellaneous Relief, mailed to Robert Upton on 4/9/21. (Pacho, Arnold)
April 9, 2021 Filing 23 Judge Richard G. Stearns: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Marianne B. Bowler. Referred for: Report and Recommendations (rr). (Pacho, Arnold)
April 9, 2021 Filing 22 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part #20 Motion to set a briefing schedule. The petitioner will file a memorandum of law in support of his petition for a writ of habeas corpus no later than July 7, 2021, and the respondent will file a memorandum of law in opposition, if any, to the petition no later than 45 days from the filing of the petitioner's memorandum. (mkz)
April 8, 2021 Filing 21 NOTICE by Commissioner of Correction of Existence of Victim (Thornton, Gabriel)
April 8, 2021 Filing 20 MOTION for Scheduling Order by Commissioner of Correction.(Thornton, Gabriel)
April 8, 2021 Filing 19 RESPONSE/ANSWER to #1 Petition for Writ of Habeas Corpus (28:2254) (Supplemental Answer) by Commissioner of Correction. (Attachments: #1 Exhibit Superior Court Docket, #2 Exhibit SJC Docket, #3 Exhibit Petitioner's SJC Brief, #4 Exhibit Commonwealth's SJC Brief, #5 Exhibit SJC Decision, #6 Exhibit Trial Transcripts)(Thornton, Gabriel)
April 8, 2021 Filing 18 RESPONSE/ANSWER to #1 Petition for Writ of Habeas Corpus (28:2254) by Commissioner of Correction. (Thornton, Gabriel)
March 29, 2021 Filing 17 Copy re [dkt # 16] Order on Motion for Extension of Time, mailed to Robert Upton on 3/29/21. (Pacho, Arnold)
March 28, 2021 Filing 16 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying without prejudice #15 Petitioner Upton's Motion for Extension of Time. The Commonwealth has until April 8, 2021, to respond to Upton's Petition. Consequently, Upton currently has no memorandum due. (mkz)
March 26, 2021 Filing 15 MOTION for Extension of Time to file Memorandum of Law on his Petition for Writ of Habeas Corpus by Robert Upton.(McDonagh, Christina)
March 10, 2021 Filing 14 Copy re 13 Order on Motion for Extension of Time mailed to Robert Upton on 3/10/21. (Pacho, Arnold)
March 10, 2021 Filing 13 Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot #2 Motion for Extension of Time. (Pacho, Arnold)
March 8, 2021 Filing 12 Copy re 11 Order on Motion for Extension of Time to File Response, 10 Order on Motion for Miscellaneous Relief, mailed to Robert Upton on 3/8/2021. (Pacho, Arnold)
March 8, 2021 Filing 11 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #9 MOTION for Extension of Time to April 8, 2021, to File Response to #1 Petition for Habeas Corpus. (Pacho, Arnold)
March 8, 2021 Filing 10 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #8 MOTION for Relief from the Conference Requirement in Local Rule 7.1. (Pacho, Arnold)
March 5, 2021 Filing 9 MOTION for Extension of Time to April 8, 2021, to File Response/Reply to Petition for Habeas Corpus by Commissioner of Correction.(Thornton, Gabriel)
March 5, 2021 Filing 8 MOTION for Relief from the Conference Requirement in Local Rule 7.1 by Commissioner of Correction.(Thornton, Gabriel)
March 5, 2021 Filing 7 NOTICE of Appearance by Gabriel T. Thornton on behalf of Commissioner of Correction (Thornton, Gabriel)
February 16, 2021 Filing 6 Copy re [dkt # 5] Service Order - 2254 Petition mailed on 2/16/2021. Documents mailed to the Attorney General of the Commonwealth of MA and the Superintendent of MCI-Norfolk. (Pacho, Arnold)
February 16, 2021 Filing 5 Judge Richard G. Stearns: ORDER entered. SERVICE ORDER re 2254 Petition. Order entered pursuant to R.4 of the Rules governing Section 2254 cases for service on respondents. Answer/responsive pleading due w/in 21 days of receipt of this order. (Pacho, Arnold)
February 12, 2021 Filing 4 Filing fee/payment: $ 5.00, receipt number 1BST083812 for #1 Petition for Writ of Habeas Corpus (28:2254) (Barbosa, Nilsa)
February 11, 2021 Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Danieli, Chris)
February 10, 2021 Filing 2 MOTION for Extension of Time to 2/19/22 to to File Writ of Habeas Corpus 2254 by Robert Upton.(Warnock, Douglas) Modified on 2/11/2021 (Warnock, Douglas).
February 10, 2021 Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2254, filed by Robert Upton.(Warnock, Douglas)

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Petitioner: Robert Upton
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Respondent: Commissioner of Correction
Represented By: Gabriel T. Thornton
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