Gonzalez v. Montagari
| German Gonzalez |
| A. Montagari |
| 1:2022cv06245 |
| October 17, 2022 |
| US District Court for the Eastern District of New York |
| Eric R Komitee |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| Filing 9 REPLY in Opposition to Respondent's #7 MOTION for Leave to File Document a motion to dismiss on exhaustion grounds, without the necessity of fling a state court record and answering any claim on the merits at this time, filed by German Gonzalez. (SG) |
| Filing 8 MOTION to Dismiss for Failure to Exhaust by A. Montagari. (Attachments: #1 in Support of Motion to Dismiss for Failure to Exhaust, #2 in Support of Motion to Dismiss for Failure to Exhaust, #3 Affidavit of Service) (Litsky, Thomas) |
ORDER granting #7 Motion for Leave to File -- Respondent's request to file a motion to dismiss on exhaustion grounds, without filing a state court record or answering any claim on the merits, is granted. Respondent's motion shall be filed by November 30, 2022. Petitioner shall respond to Respondent's motion to dismiss by January 3, 2023. Respondent may file a reply, if any, by January 13, 2023. The parties are relieved of their obligations under the Court's Order to Show Cause dated October 25, 2022 at this time. Ordered by Judge Eric R. Komitee on 10/31/2022. (copy mailed). (AG)
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| Filing 7 MOTION for Leave to File Document , a motion to dismiss on exhaustion grounds, without the necessity of fling a state court record and answering any claim on the merits at this time by A. Montagari. (Litsky, Thomas) |
| Filing 6 NOTICE of Appearance by Thomas Benjamin Litsky on behalf of A. Montagari (aty to be noticed) (Litsky, Thomas) |
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Filing 5
ORDER TO SHOW CAUSE -- Upon the instant petition for issuance of a writ of habeas corpus pursuant to 28 U.S.C. 2254, filed October 4, 2022, it is hereby ORDERED that: Petitioner's motion to proceed in forma pauperis is granted. Respondent shall file a complete answer or other pleading in response to the petition on or before December 27, 2022. No reply is required; however, should Petitioner choose to reply, Petitioner shall file any reply to Respondent's responsive pleading on or before January 17, 2023. Respondent shall serve a copy of this order upon Petitioner, and file proof of service with the Clerk of Court, on or before November 4, 2022. Ordered by Judge Eric R. Komitee on 10/25/2022. (copy mailed). (AG)
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| Filing 4 Case transferred in from District of New York Southern; Case Number 1:22-cv-08523. Original file certified copy of transfer order and docket sheet received. |
| MAILING RECEIPT: Document No: 3. Mailed to: German Gonzalez 22-R-1755 Mohawk Correctional Facility 6514 Rt. 26 P.O. Box 8450 Rome, NY 13442. (dsh) [Transferred from New York Southern on 10/17/2022.] |
| 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.(rdz) [Transferred from New York Southern on 10/17/2022.] |
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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 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 10/7/22) (rdz) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 10/17/2022.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (aea) [Transferred from New York Southern on 10/17/2022.] |
| MOTION for Leave to Proceed in forma pauperis SEE ENTRY #1 by German Gonzalez. (PB) |
| Filing 2 COMPLAINT against A. Montagari. Document filed by German Gonzalez..(rdz) Modified on 10/6/2022 (rdz). [Transferred from New York Southern on 10/17/2022.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by German Gonzalez..(rdz) Modified on 10/6/2022 (rdz). [Transferred from New York Southern on 10/17/2022.] |
| Case Designated ECF. (rdz) Modified on 10/6/2022 (rdz). [Transferred from New York Southern on 10/17/2022.] |
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| Petitioner: German Gonzalez | |
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| Respondent: A. Montagari | |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Represented By: | RICHMOND COUNTY DISTRICT ATTORNEYS OFFICE - GENERI |
| Represented By: | Thomas Benjamin Litsky |
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