Moses v. Shanley
| James Moses |
| Raymond Shanley |
| 2:2021cv01101 |
| March 2, 2021 |
| 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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| Document Text |
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| Filing 8 NOTICE of Appearance by Sarah Kunstler on behalf of James Moses (aty to be noticed) (Kunstler, Sarah) |
ORDER. Subject to the approval of petitioner, the Court appoints Attorney Sarah Kunstler to represent petitioner in this proceeding pursuant to the Criminal Justice Act. Ms. Kunstler is directed to file a notice of appearance after conferring with petitioner and, within 30 days, submit a letter to the Court explaining how she intends to proceed with this case. c/m to petitioner and by email to Ms. Kunstler pending her appearance. Ordered by Judge Brian M. Cogan on 4/7/2021. (Clarke, Melonie)
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| Filing 7 Letter re unexhausted claim by Raymond Shanley (Mortensen, Hilda) |
| Filing 6 STATE COURT RECORD (Attachments: #1 hearing transcript, #2 hearing transcript, #3 trial transcript, #4 trial transcript, #5 trial transcript, #6 trial transcript, #7 trial transcript, #8 trial transcript, #9 trial transcript, #10 trial transcript, #11 trial transcript, #12 trial transcript, #13 sentence transcript, #14 application for stay pending appeal, #15 affirmation in opposition to stay request, #16 decision denying stay, #17 motion for poor person relief, #18 affirmation in response to poor person application, #19 decision granting poor person relief, #20 motion to vacate judgment, #21 opposition to vacatur motion, #22 decision denying vacatur, #23 notice of entry, #24 motion for leave to appeal denial of vacatur, #25 opposition to leave application, #26 decision denying leave, #27 notice of entry for leave denial, #28 defendant's brief on appeal, #29 motion to compel, #30 aff. in opposition to motion to compel, #31 order granting requested minutes, #32 letter from defense counsel regarding transcripts, #33 respondent's brief on direct appeal, #34 decision affirming judgment, #35 notice of entry, #36 court of appeals leave request, #37 opposition to defendant's leave request, #38 decision denying leave) (Mortensen, Hilda) |
| Filing 5 NOTICE of Appearance by Hilda Mortensen on behalf of Raymond Shanley (aty to be noticed) (Mortensen, Hilda) |
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Filing 4
CORRECTED ORDER: Within 30 days, Respondent is required to electronically file the State Court Record, with no individual attachment to the entry exceeding 5 megabytes. Respondent need not file opposition to the #1 Petition together with the record unless the Court orders it in a subsequent order. The Court will not grant the Petition without affording Respondent time to oppose on the merits. However, there is an exception to this deferred opposition: if (a) Respondent intends to challenge the timeliness of the Petition; or (b) Respondent intends to argue that one or more of Plaintiff's claims are unexhausted, those issues, and only those issues, should be briefed in a letter submitted at the same time as the record. All communications with the Court must be served on the opposing party. SO ORDERED by Judge Brian M. Cogan, on 3/10/2021. C/mailed to pro se Petitioner. Electronic Service upon Respondents, re: this 3/10/2021 Order and Petitioner's #1 Petition for a Writ of Habeas Corpus. (Latka-Mucha, Wieslawa)
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Filing 3
ORDER: Petitioner is granted leave to proceed in forma pauperis. Within 30 days, Respondent is required to electronically file the State Court Record, with no individual attachment to the entry exceeding 5 megabytes. Respondent need not file opposition to the #1 Petition together with the record unless the Court orders it in a subsequent order. The Court will not grant the Petition without affording Respondent time to oppose on the merits. However, there is an exception to this deferred opposition: if (a) Respondent intends to challenge the timeliness of the petition; or (b) Respondent intends to argue that one or more of Plaintiff's claims are unexhausted, those issues, and only those issues, should be briefed in a letter submitted at the same time as the record. SO ORDERED by Judge Brian M. Cogan, on 3/8/2021. C/mailed to pro se Petitioner. Electronic Service upon Respondents, re: this Order and Petitioner's #1 Petition for a Writ of Habeas Corpus. (Latka-Mucha, Wieslawa)
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| FILING FEE: $ 5.00, receipt number 30800 (Cox, Dwayne) |
| Filing 2 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. re: #1 Petition for Writ of Habeas Corpus. The papers are deficient as you must pay the five dollar filing fee. Alternatively, you may submit the in forma pauperis application. Copy mailed to litigant on 3/3/2021. (Cox, Dwayne) |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by James Moses. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne) |
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| Respondent: Raymond Shanley | |
| Represented By: | NASSAU COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
| Represented By: | Hilda Mortensen |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
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| Petitioner: James Moses | |
| Represented By: | Sarah Kunstler |
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