Lowe v. Miller
| Clement Lowe |
| Mark Miller |
| 1:2023cv03754 |
| May 18, 2023 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Nina R Morrison |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on June 29, 2023. A more recent docket listing may be available from PACER.
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Order amending Order to Show Cause. Upon further review of the #1 petition, the Court directs respondent to file a limited answer to the petition within thirty (30) days of the date of this Order that addresses the timeliness of this petition under 28 U.S.C. 2244(d). However, if respondent concedes that the petition is timely, respondent shall file a complete and entire answer to the petition and the state court record in accordance with the deadlines in the Court's Monday, June 26, 2023, Order to Show Cause. Petitioner is not required to reply either to a limited answer on timeliness or to a complete answer. However, should petitioner wish to reply, petitioner shall serve the reply on respondents counsel and file the reply with the Clerk of Court within thirty (30) days of receipt of an answer. Ordered by Judge Nina R. Morrison on 6/29/2023. (JL)
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Order granting #5 Motion for Leave to Proceed in forma pauperis and Order to Show Cause. Upon the instant petition for issuance of a writ of habeas corpus pursuant to 28 U.S.C. 2254, dated May 18, 2023, it is hereby ORDERED that: 1. The Attorney General of the State of New York or the District Attorney of Kings County, as attorney for Respondent, shall show cause before this Court, by the filing of a return to the petition, why a writ of habeas corpus should not be issued. By Friday, August 25, 2023, Respondent shall serve a copy of the return on Petitioner herein and file the original thereof with the Court, together with proof of service; 2. Simultaneously, Respondent shall file the State Court Record including the trial transcript and record; copies of Petitioners and the District Attorneys briefs on appeal; briefs in connection with any proceedings pursuant to an application for a writ of error coram nobis; and all relevant state court decisions and opinions--with no individual attachment exceeding twenty (20) megabytes; 3. Petitioner, by Friday, September 15, 2023, shall file a reply, if any, with the Court; and Service of a copy of this Order to Show Cause shall be made by the Clerk of this Court electronically, together with a copy of the petition, to the Attorney General of the State of New York and to the District Attorney of Kings County. Ordered by Judge Nina R. Morrison on 6/26/2023. (JL)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Clement Lowe. (SG) |
| Filing 4 Letter dated 6/8/2023 from Clement Lowe to Pro Se Office, seeking to inquire if this Court has received petitioner's petition for writ of habeas corpus. (SG) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (KD) |
| Filing 2 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. Mailed out on 5/22/2023 (KD) |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Clement Lowe. (Attachments: #1 Civil Cover Sheet) (KD) |
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| Petitioner: Clement Lowe | |
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| Respondent: Mark Miller | |
| Represented By: | KINGS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
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