Battles v. LaValley

Battles v. LaValley

Petitioner:	Calvin Battles
Respondent:	Thomas LaValley
Case Number:	1:2013cv04918
Filed:	August 28, 2013
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Eric N. Vitaliano
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
November 20, 2013	Filing 6 MEMORANDUM & ORDER: As Battles concedes that his state court remedies are unexhausted, it is appropriate that his petition be dismissed. Upon exhaustion, a refreshed petition may be filed should Battles ultimately fail in state court. For th e reasons set forth above, the 1 Petition for a Writ of Habeas Corpus is dismissed without prejudice. The Clerk of Court is ordered to close this case. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. SO ORDERED by Judge Eric N. Vitaliano, on 11/12/2013. C/mailed. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)
October 15, 2013	Filing 4 MEMORANDUM AND ORDER: Petitioner's 2 request to proceed in forma pauperis, pursuant to 28 U.S.C. § 1915, is granted. Battles is directed to show cause by affirmation, within 60 days from the date this Order is entered o n the docket, why AEDPA's statute of limitations should not bar his § 2254 petition. No response shall be required from respondent at this time, and all other proceedings shall be stayed pending a determination of the show cause proceedi ng now ordered. If Battles fails to file the affirmation required by this Order within the time allowed, his 1 petition shall be dismissed with prejudice as time-barred. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. SO ORDERED by Judge Eric N. Vitaliano, on 10/6/2013. C/mailed. (Latka-Mucha, Wieslawa)

Date Filed

Document Text

November 20, 2013

Filing 6 MEMORANDUM & ORDER: As Battles concedes that his state court remedies are unexhausted, it is appropriate that his petition be dismissed. Upon exhaustion, a refreshed petition may be filed should Battles ultimately fail in state court. For th e reasons set forth above, the 1 Petition for a Writ of Habeas Corpus is dismissed without prejudice. The Clerk of Court is ordered to close this case. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. SO ORDERED by Judge Eric N. Vitaliano, on 11/12/2013. C/mailed. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)

October 15, 2013

Filing 4 MEMORANDUM AND ORDER: Petitioner's 2 request to proceed in forma pauperis, pursuant to 28 U.S.C. § 1915, is granted. Battles is directed to show cause by affirmation, within 60 days from the date this Order is entered o n the docket, why AEDPA's statute of limitations should not bar his § 2254 petition. No response shall be required from respondent at this time, and all other proceedings shall be stayed pending a determination of the show cause proceedi ng now ordered. If Battles fails to file the affirmation required by this Order within the time allowed, his 1 petition shall be dismissed with prejudice as time-barred. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. SO ORDERED by Judge Eric N. Vitaliano, on 10/6/2013. C/mailed. (Latka-Mucha, Wieslawa)

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Respondent: Thomas LaValley
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Petitioner: Calvin Battles
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