Nimmons v. Warden
| Bonzelee Nimmons |
| Warden |
| 1:2021cv05169 |
| September 14, 2021 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| LaShann DeArcy Hall |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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| Document Text |
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Filing 9
ORDER TO SHOW CAUSE and Electronic Service upon the U.S. Attorney's Office, re: Judge LaShann DeArcy Hall's 11/10/2021 Electronic Order to Show Cause and Petitioner's #8 Petition for a Writ of Habeas Corpus. SO ORDERED by Judge LaShann DeArcy Hall on 11/10/2021. W/Attachments: #1 Petition for a Writ of Habeas Corpus. (Latka-Mucha, Wieslawa)
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ORDER TO SHOW CAUSE: By order dated October 7, 2021, Petitioner was directed to submit a letter indicating whether he intended to proceed with his application for writ of habeas corpus at this time in light of his motion #4 to withdraw the petition and subsequent filings. The Court construes Petitioner's recently filed and signed petition #8 as an affirmative response to its October 7, 2021 order. Accordingly, Petitioner's previously filed motion to withdraw #4 and motion #2 for leave to proceed in forma pauperis, which was deficient for lack of signature, are DISMISSED as moot. Petitioner is granted #6 leave to proceed in forma pauperis. The United States Attorneys Office, as attorney for Respondent, shall show cause before this Court, by the filing of a return to the #8 Petition, why a writ of habeas corpus should not be issued. Within sixty (60) days of receipt of this Order to Show Cause, Respondent shall serve a copy of the return on Petitioner herein and file the original thereof with the Court, together with proof of service. Petitioner, within twenty-one (21) days of receipt of a copy of the return, shall file his reply, if any, with the Court. The Clerk of the Court is respectfully directed to mail a copy of this order to the pro se Petitioner. Ordered by Judge LaShann DeArcy Hall on 11/10/2021. (Williams, Erica)
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| Filing 8 (Signed) PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by pro se Bonzelee Nimmons, dated 10/22/2021. (See page # 9) (Latka-Mucha, Wieslawa) |
| Filing 7 Mail Returned as Undeliverable. Mail sent to Bonzelee Nimmons #76329-054 MDC Brooklyn PC Box 329002 Brooklyn, NY 11232 (Inmate No. is incorrect. A copy of #1 and #5 mailed to Petitioner with a copy of the docket sheet to reflect Judge's Order dated 10/7/2021.) (Almonte, Giselle) |
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ORDER: On September 14, 2021, the Clerk's Office received pro se Petitioner's unsigned petitioner #1 for writ of habeas corpus and unsigned motion for leave to proceed in forma pauperis #2 . By letter dated and mailed September 17, 2021, the Clerk of Court notified Petitioner of the filing deficiencies and directed Petitioner to correct the submissions within fourteen days. By letter-motion #4 dated September 22, 2021, received by the Court on September 27, 2021, Petitioner requested to withdraw the petition for personal reasons, with leave to refile at a later date. On September 29, 2021, the Court received an unsigned copy of the petitioner #5 and Petitioner's signed motion #6 to proceed in forma pauperis dated September 27, 2021. In light of Petitioner's request to withdraw the petition and the subsequently received submissions, Petitioner is directed to submit a letter by November 5, 2021, not to exceed two (2) pages, clarifying whether he wishes to proceed with his petition at this time. In the event that Petitioner wishes to proceed, Petitioner is directed to submit a signed petition on or before November 5, 2021. Ordered by Judge LaShann DeArcy Hall on 10/7/2021. (Williams, Erica)
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| Filing 6 MOTION for Leave to Proceed in forma pauperis SIGNED by Bonzelee Nimmons. (Almonte, Giselle) |
| Filing 5 PETITION for Writ of Habeas Corpus UNSIGNED, filed by Bonzelee Nimmons. (Almonte, Giselle) (Additional attachment(s) added on 10/5/2021: #1 Docket Sheet) (Almonte, Giselle). |
| Filing 4 Letter MOTION dtd. 9/27/21 to Withdraw Petition by Bonzelee Nimmons. (Layne, Monique) |
| Filing 3 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. Document mailed. (Bowens, Priscilla) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Bonzelee Nimmons. (Bowens, Priscilla) |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Bonzelee Nimmons. (Attachments: #1 Civil Cover Sheet, #2 Exhibits) (Bowens, Priscilla) |
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