Sinclair v. Warden
||Acting Comm. Anthony Annucci and Warden
||September 27, 2016
||US District Court for the Eastern District of New York
||William F. Kuntz
|Nature of Suit:
||Habeas Corpus (General)
|Cause of Action:
||28:2254 Petition for Writ of Habeas Corpus (State)
|Jury Demanded By:
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|January 25, 2017
MEMORANDUM AND ORDER: ORDERED, that respondent file a complete and entire answer or other pleading in response to the petition within sixty (60) days of the date of this order, and it is further ORDERED, that pursuant to Rule 5 of the Rules Governing Section 2254 Cases respondent shall address in the answer whether petitioner has exhausted state remedies and whether petitioner is entitled to equitable tolling of the statute of limitations based on mental incapacity, and it is further ORDERED, th at pursuant to Rule 6 of the Rules Governing Section 2254 Cases respondent shall conduct discovery solely as to petitioner's mental health treatment while in custody and produce to the Court any relevant information, and it is further ORDERED, t hat pursuant to Rule 4 of the Rules Governing Section 2254 Cases, that the Clerk of Court shall serve copies of this Order, the petition for a writ of habeas corpus, the affirmation and addendum to the affirmation electronically upon the Attorney Gen eral of the State of New York and the District Attorney for Queens County, and it is further ORDERED, that pursuant to Rule 5(e) of the Rules Governing Section 2254 Cases, petitioner shall file any reply to respondent's answer within thirty (30) days of the filing of the answer, and it is further ORDERED, that petitioner's application for appointment of counsel is denied without prejudice to renewal, and it is further ORDERED, that respondent shall serve a copy of this Order upon petitioner and file proof of service with the Clerk of the Court, within ten (10) days of the date of this Order. Re 8 Motion to Appoint Counsel. Ordered by Judge William F. Kuntz, II on 1/25/2017. (Rodriguez, Lori)
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