Williams v. Montagari
| Herman Williams |
| A. Montagari |
| 1:2022cv05849 |
| September 30, 2022 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 14
ORDER: The Court grants Respondent's motion for an extension of time. See ECF No. #13 . Respondent shall serve and electronically file the state court record and his response to Petitioner's petition for habeas corpus on or before December 20, 2022. The Court will not grant Respondent any further extensions of these deadlines in the absence of unusual circumstances demonstrating good cause. Petitioner shall serve and file any reply to Respondent's response on or before January 19, 2023. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Petitioner. Ordered by Judge Hector Gonzalez on 11/28/2022. (BH)
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| Filing 13 First MOTION for Extension of Time to File Response/Reply as to #2 Petition for Writ of Habeas Corpus by A. Montagari. (Hudson, Jalina) |
| Filing 11 Letter dated 11/6/2022 to Judge Gonzalez filed by Herman Williams in opposition to the requests for extensions. (JM) |
| Filing 12 Letter dated 11/5/2022 to Judge Gonzalez from Herman Williams in objection to any further extensions for respondents. (JM) |
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Filing 10
ORDER: The Court grants Respondent's motion for an extension of time. See ECF No. #9 . Respondent shall file the state court record related to Petitioner's habeas corpus petition on or before November 29, 2022. All other deadlines and obligations in the Court's prior scheduling order, see ECF No. #5 , remain unchanged. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Petitioner. Ordered by Judge Hector Gonzalez on 10/28/2022. (BH)
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| Filing 9 First MOTION for Extension of Time to File the State Court Record by A. Montagari. (Hudson, Jalina) |
| Filing 8 NOTICE of Appearance by Jalina J Hudson on behalf of A. Montagari (aty to be noticed) (Hudson, Jalina) |
| Filing 7 Letter dated 10/14/2022 to Judge Gonzalez filed by Herman Williams. (JM) |
| Filing 6 Letter from Herman Williams dated 10/12/2022 requesting the Court for a Foil request. (JM) |
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Filing 5
ORDER: As further explained in the accompanying Order, the Court grants Petitioner's motion to proceed in forma pauperis, see ECF No. #1 , and directs Respondent to respond to the petition for habeas corpus. The Clerk of Court is respectfully directed to: (i) serve copies of this Order and the petition for a writ of habeas corpus (ECF No. #2 ) upon the Attorney General of the State of New York and the District Attorney for Queens County, and (ii) serve a copy of this Order upon Petitioner. Ordered by Judge Hector Gonzalez on 9/30/2022. (Herrmann, Brendan)
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| Filing 4 Case transferred in from District of New York Southern; Case Number 1:22-cv-08029. Original file certified copy of transfer order and docket sheet received. |
| MAILING RECEIPT: Document No: 3. Mailed to: Herman Williams DIN:21R0614 6514 Rt. 26 P.O. Box 8450 Rome, NY 13442. (kh) [Transferred from New York Southern on 9/30/2022.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York. (sac) [Transferred from New York Southern on 9/30/2022.] |
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Filing 3
TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern District of New York. Whether Petitioner should be permitted to proceed further without payment of fees is a determination to be made by the transferee court. This order closes this case. Because Petitioner has not at this time made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue under 28 U.S.C. 2253. The Court certifies under 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 the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 44445 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/23/2022) (sac) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 9/30/2022.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) [Transferred from New York Southern on 9/30/2022.] |
| MOTION for Leave to Proceed in forma pauperis SEE ENTRY #1 by Herman Williams. (Bowens, Priscilla) |
| Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Herman Williams. (sac) [Transferred from New York Southern on 9/30/2022.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Herman Williams. (sac) [Transferred from New York Southern on 9/30/2022.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 9/30/2022.] |
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| Petitioner: Herman Williams | |
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| Respondent: A. Montagari | |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Represented By: | QUEENS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
| Represented By: | Jalina J Hudson |
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