Peoples v. NYS BOP Chairman et al
| Leroy Peoples |
| NYS BOP Chairman, Tina M. Stanford and D. McIntosh |
| 1:2023cv04854 |
| June 26, 2023 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 6
NOTICE of Appearance by Paul B. Lyons on behalf of All Defendants (aty to be noticed) (Lyons, Paul)
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Filing 5
STATE COURT RECORD (Attachments: #1 Exhibit B1 Sentencing, #2 Exhibit B2 Sentencing, #3 Exhibit B3 Sentencing, #4 Exhibit C1 NY CPL 1st 440 Motion, #5 Exhibit C2 NY CPL 440 Opp, #6 Exhibit C3 NY CPL 440 Motion Decision, #7 Exhibit D1 NY CPL 440 AD Leave Appl, #8 Exhibit D2 NY CPL 440 AD Leave Opp, #9 Exhibit D3 NY CPL 440 AD leave Denial, #10 Exhibit E1 Coram Nobis AD App, #11 Exhibit E2 Coram Nobis AD Opp, #12 Exhibit E3 Coram Nobis AD Decision - Denied, #13 Exhibit F1 NY CPL 2nd 440 Motion, #14 Exhibit F2 NY CPL 440 Motion Opp, #15 Exhibit F3 NY CPL 440 Decision - Denied, #16 Exhibit G1 NY CPL 3rd 440 Motion, #17 Exhibit G2 NY CPL 440 Opp, #18 Exhibit G3 NY CPL 440 Decision - Denied, #19 Exhibit H1 NY CPL 4th 440 Motion, #20 Exhibit H2 NY CPL 440 Opp, #21 Exhibit H3 NY CPL 440 Decision - Denied, #22 Exhibit I1 NY CPL 5th 440 Motion, #23 Exhibit I2 NY CPL 440 Opp, #24 Exhibit I3 NY CPL 440 Decision - Denied, #25 Exhibit J1 NY CPL 440 AD Leave App, #26 Exhibit J2 NY CPL 440 Leave Opp, #27 Exhibit J3 NY CPL 440 AD Leave Reply, #28 Exhibit J4 NY CPL 440 AD Leave Denial, #29 Exhibit K1 NY CPL 6th 440 Motion, #30 Exhibit K2 NY CPL 440 Opp, #31 Exhibit K3 NY CPL 440 Decision - Denied, #32 Exhibit K4 NY CPL 440 Decision - Denied, #33 Exhibit L1 NY CPL 7th 440 Motion, #34 Exhibit L2 NY CPL 440 Opp, #35 Exhibit L3 NY CPL 440 Surreply, #36 Exhibit L4 NY CPL 440 Decision - Denied, #37 Exhibit M1 NY CPL 8th 440 Motion, #38 Exhibit M2 NY CPL 440 Decision - Denied, #39 Exhibit N1 AD Motion to Dismiss Appeal, #40 Exhibit N2 AD Motion to Dismiss App Opp, #41 Exhibit O1 Direct Appeal Defendant's Brief, #42 Exhibit O2 Direct Appeal People's Brief, #43 Exhibit O3 Direct Appeal Defendant's Reply, #44 Exhibit O4 Direct Appeal Defendant's Supplemental Brief, #45 Exhibit O5 Direct Appeal People's Supplemental Brief, #46 Exhibit O6 Direct Appeal AD Decision, #47 Exhibit P1 NY CPL 160.59 Motion to Seal, #48 Exhibit P2 NY CPL 160.59 Motion to Seal Opp, #49 Exhibit P3 NY CPL 160.59 Motion to Seal Decision - Denied, #50 Exhibit Q3 NY CPL 9th 440 Motion, #51 Exhibit Q2 NY CPL 440 Decision - Denied, #52 Exhibit Q3 NY CPL 440 People's Letter, #53 Exhibit Q4 NY CPL 440 Decision - Denied, #54 Exhibit R1 NYCPL 10th 440 Motion, #55 Exhibit S1 Direct Appeal Leave App, #56 Exhibit S2 Direct Appeal Leave Opp, #57 Exhibit S3 Direct Appeal Leave Denied, #58 Exhibit T1 AD Coram Nobis Motion, #59 Exhibit T2 AD Coram Nobis Opp, #60 Exhibit T3 AD Coram Nobis Attorney's Response, #61 Exhibit T4 AD Coram Nobis Decision - Denied, #62 Exhibit U1 AD SORA Hearing Defendant's Brief, #63 Exhibit U2 AD SORA Hearing Peple's Brief, #64 Exhibit U3 AD SORA Hearing Defendant's Reply, #65 Exhibit U4 AD SORA Decision - Affirmed, #66 Exhibit V1 SORA Leave App, #67 Exhibit V2 SORA Leave App Opp, #68 Exhibit V3 SORA Leave Application Decision - Denied) (Traill, Johnnette)
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ORDER re: #5 . This filing is not what the Court asked for in its scheduling order and it is of use only as background in addressing the current petition. What the Court asked for was the record "pertain[ing] only to the administrative and judicial proceedings arising from petitioner's violation of parole that are the basis of his claim." Instead, the District Attorney has filed the entire criminal record from 2003 -- but not the parole violation proceedings starting in 2021 that are the subject of the instant 2254 petition, the only part of the record the Court had requested. Having failed in its attempt to possibly save the District Attorney the necessity of filing opposition papers to the petition by reviewing the relevant record itself, the Court directs respondent to: (1) file the proper record, that is, the record relating to the 2021 parole violation proceedings; and (2) respond to the petition on the merits by answer, traverse, motion or any other proper response, both by 9/18/23. Ordered by Judge Brian M. Cogan on 8/17/2023. C/M (PW)
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Filing 4
SCHEDULING ORDER: re: #1 Petition for Writ of Habeas Corpus filed by Leroy Peoples; Petitioner's #3 MOTION for Leave to Proceed in forma pauperis filed by Leroy Peoples is granted. ( Ordered by Judge Brian M. Cogan on 7/18/2023 ) c/m (RG)
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Filing 3
MOTION for Leave to Proceed in forma pauperis and enclosing copy of account statement by Leroy Peoples. (RG)
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Filing 2
NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. Mailed out on 6/29/2023 (KD)
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Filing 1
PETITION for Writ of Habeas Corpus , filed by Leroy Peoples. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Memorandum in Support) (KD)
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