Tebout v. Wolcott
| Ali Tebout |
| Julie Wolcott |
| 2:2021cv02365 |
| April 27, 2021 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Anne Y Shields |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 7, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 5 NOTICE of Appearance by Thomas C. Costello on behalf of Julie Wolcott (aty to be noticed) (Attachments: #1 Certificate of Service) (Costello, Thomas) |
ORDER: In light of the Court's 5/17/2021 Order granting Petitioner a one-year extension to supplement his petition, the Court adjourns the deadlines in the #4 Order to Show Cause until sixty (60) days after Petitioner's supplemental petition is filed electronically on the docket. In accordance with the Court's 5/17/2021 Order, Petitioner shall submit a status report in this matter by 7/23/2021 that (1) updates the Court on Petitioner's progress in supplementing his habeas petition; (2) advises the Court as to how Petitioner plans to supplement his habeas petition, including whether he plans to add new claims or grounds for relief; and (3) if Petitioner plans to add new claims or grounds for relief, informs the Court whether Petitioner has properly filed a postconviction motion in state court and when that motion was filed. Ordered by Judge Pamela K. Chen on 5/28/2021. (Nguyen, Andrew)
|
|
Filing 4
ORDER TO SHOW CAUSE: The Attorney General of the State of New York or the District Attorney of Suffolk County, as attorney for Respondent, shall show cause before this Court, by the filing of a return to the #1 petition, why a writ of habeas corpus should not be issued. Within sixty (60) days of receipt of this Order to Show Cause, Respondent shall serve a copy of the return on Petitioner herein and file the original thereof with the Court, together with proof of service. Petitioner, within twenty-one (21) days of receipt of a copy of the return, shall file his or her reply, if any, with the Court. SO ORDERED by Judge Pamela K. Chen, on 5/13/2021. C/mailed to pro se Petitioner. Electronic Service upon Respondents, re: this Order to Show Cause and Petitioner's #1 Petition for a Writ of Habeas Corpus. (Latka-Mucha, Wieslawa)
|
|
ORDER: In light of Petitioner's difficulties in obtaining his trial and appellate records and the hardships Petitioner has faced as a result of the COVID-19 pandemic, as set forth in Petitioner's #2 motion for an extension of time, the Court grants Petitioner's #2 motion for a one-year extension of time to supplement his federal habeas petition. Petitioner shall have until 5/17/2022 to file a supplemental petition. However, the Court warns Petitioner that to the extent Petitioner wishes to add additional claims or grounds for habeas relief, Petitioner must have exhausted state remedies as to those additional claims or grounds. See 28 U.S.C. 2254(b)(1). This means that Petitioner must have litigated the issue on direct appeal or in a collateral postconviction motion in New York state court, and the Appellate Division and the Court of Appeals denied relief or review. See O'Sullivan v. Boerckel, 526 U.S. 838, 845 (1999) ("[S]tate prisoners must give the state courts one full opportunity to resolve any constitutional issues by invoking one complete round of the State's established appellate review process."). Further, the Court notes that the one-year statute of limitations for Petitioner to file a federal habeas petition does not expire until August 14, 2021, under 28 U.S.C. 2244(d)(1)(A), given that the New York Court of Appeals denied discretionary review of Petitioner's direct appeal on March 17, 2020, and Petitioner had 150 days to file a petition for a writ of certiorari with the United States Supreme Court. See People v. Tebout, 35 N.Y.3d 945 (2020) (Table); see also Williams v. Artuz, 237 F.3d 147, 150-51 (2d Cir. 2001) (holding that the limitations period for state prisoners to file federal habeas petitions does not begin to run until "after the denial of certiorari or the expiration of time for seeking certiorari"); Order of the United States Supreme Court, March 19, 2020 (ordering that "the deadline to file any petition for a writ of certiorari due on or after the date of this order is extended to 150 days from the date of the lower court judgment, order denying discretionary review, or order denying a timely petition for rehearing"). Therefore, to the extent that Petitioner wishes to supplement his federal habeas petition with claims that have not been exhausted, Petitioner must properly commence state postconviction or collateral proceedings by August 14, 2021, which will statutorily toll the limitations period while those proceedings are pending. See 28 U.S.C. 2244(d)(2). Accordingly, the Court directs Petitioner to file a status report in this matter by 7/23/2021, which must do three things: (1) update the Court on Petitioner's progress in supplementing his habeas petition; (2) advise the Court as to how Petitioner plans to supplement his habeas petition, including whether he plans to add new claims or grounds for relief; and (3) if Petitioner plans to add new claims or grounds for relief, inform the Court whether Petitioner has properly filed a postconviction motion in state court and when that motion was filed. Failure to file a timely status report by 7/23/2021 may affect Petitioner's ability to supplement his habeas petition, even though the Court has allowed Petitioner until 5/17/2022 to file a supplemental petition. Ordered by Judge Pamela K. Chen on 5/17/2021. (Nguyen, Andrew)
|
| FILING FEE: $ 5.00, receipt number 31062 (Cox, Dwayne) |
| Filing 3 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 a filing fee ($5) is required to commence this action. Alternatively, you may request to proceed in forma pauperis (IFP). Copy mailed to litigant on 4/29/2021 (Cox, Dwayne) |
| Filing 2 Letter MOTION for Extension of Time to File Federal Habeas Corpus To Appeal State Court Conviction by Ali Tebout. (Cox, Dwayne) |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Ali Tebout. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Tebout v. Wolcott | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner: Ali Tebout | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Respondent: Julie Wolcott | |
| Represented By: | Thomas C. Costello |
| Represented By: | SUFFOLK COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
