Mesko v. Lilley
| Peter Mesko |
| Lynn Lilley |
| 9:2018cv00872 |
| July 26, 2018 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Sullivan |
| Glenn T Suddaby |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on December 3, 2019. A more recent docket listing may be available from PACER.
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Filing 25
JUDGMENT that the petition (Dkt. No. #1 ) is DENIED AND DISMISSED IN ITS ENTIRETY; and it is further ORDERED that no Certificate of Appealability ("COA") shall issue because petitioner has failed to make a "substantial showing of the denial of a constitutional right as 28 U.S.C. 2253(c)(2) requires; and it is further ORDERED that any further request for a Certificate of Appealability must be addressed to the Court of Appeals (Fed. R. App. P. 22(b)); and it is further ORDERED that the Clerk shall serve a copy of this Decision and Order on the parties, and serve an updated docket sheet upon petitioner, in accordance with the Local Rules. This action is CLOSED pursuant to the Decision and Order issued by the Honorable Glenn T. Suddaby on December 3, 2019. See Dkt. No. 24. (Served upon petitioner via regular and certified mail). (sal)
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Filing 24
DECISION AND ORDER that the petition (Dkt. No. #1 ) is DENIED AND DISMISSED IN ITS ENTIRETY. No Certificate of Appealability ("COA") shall issue because petitioner has failed to make a "substantial showing of the denial of a constitutional right" as 28 U.S.C. 2253(c)(2) requires. Any further request for a Certificate of Appealability must be addressed to the Court of Appeals (Fed. R. App. P. 22(b)). The Clerk shall serve a copy of this Decision and Order on the parties, and serve an updated docket sheet upon petitioner, in accordance with the Local Rules. Signed by Chief Judge Glenn T. Suddaby on 12/3/2019. (Copy of Order, together w/ docket sheet, served upon petitioner via regular and certified mail). (sal )
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Filing 23
NOTICE of Change of Address by Peter Mesko Effective Date 7/12/19 Old Address: Woodbourne Correctional Facility New Address: 524 Route 434 Shohola PA 18458 [updated docket sheet and copy of dkt. no. 21 served on petitioner]. (nas, )
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Filing 22
Mail Returned as Undeliverable; re: #21 Order. Sent to Mesko Address sent to Woodbourne Correctional Facility. Envelope reads "return to sender".[review of DOCCS Inmate Locator has petitioner released as of 7/1/19] (nas, )
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Filing 21
DECISION AND ORDER RE #17 and #19 : ORDERED that the Motion to Appoint Counsel is DENIED without prejudice to being renewed in the event that the Court finds that an evidentiary hearing is necessary in this matter. ORDERED that the Motion to Stay is DENIED. Signed by Chief Judge Glenn T. Suddaby on 6/27/19. {order served via regular mail on petitioner}(nas)
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Filing 20
RESPONSE TO LETTER BRIEF filed by Lynn Lilley as to #19 Letter Request/Motion filed by Peter Mesko for a Stay and For the Appointment of Counsel. (Cieprisz, Margaret)
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Filing 19
Letter Motion from Peter Mesko requesting a stay and for appointment of counsel. (nas, )
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TEXT NOTICE RE: #19 Letter Motion for Peter Mesko requesting a stay and for appointment of counsel : Response to Motion due by 5/22/2019 {text notice served via regular mail on petitioner}(nas, )
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Filing 18
TRAVERSE by Peter Mesko. (nas, )
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Filing 17
MOTION to Appoint Counsel filed by Peter Mesko. (nas, )
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Filing 16
TEXT ORDER: Respondent answered the petition on December 13, 2018 (Dkt. Nos. 12-14). Petitioner may, but is not required to, file a reply on or before January 14, 2019. The reply must not exceed fifteen (15) pages in length, excluding exhibits. Petitioner is advised that the arguments contained in the reply shall be limited to addressing the arguments raised by the respondent. This Court will NOT consider any new grounds for relief or other legal theories asserted by petitioner in his traverse/reply that were not previously asserted by him in his petition. Authorized by Chief Judge Glenn T. Suddaby on 12/14/18. {text order served via regular mail on petitioner}(nas, )
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Filing 15
CERTIFICATE OF SERVICE by Lynn Lilley re #13 Response to Habeas Petition, #12 Response to Habeas Petition, #14 State Court Records filed, (Cieprisz, Margaret)
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Filing 14
State Court Records filed by Lynn Lilley. (Attachments: #1 State Court Record Part 1/, #2 State Court Record Part 2/6, #3 State Court Record Part 3/6, #4 State Court Record Part 4/6, #5 State Court Record Part 5/6, #6 State Court Record Part 6/6, #7 State Court Transcripts)(Cieprisz, Margaret)
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Filing 13
Answer in RESPONSE to #1 Petition for Writ of Habeas Corpus by Lynn Lilley. (Cieprisz, Margaret)
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Filing 12
Memorandum of Law Supporting RESPONSE to #1 Petition for Writ of Habeas Corpus by Lynn Lilley. (Cieprisz, Margaret)
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Filing 11
TEXT ORDER granting respondent's request to file an oversized brief. Dkt. No. #10 . The brief shall not exceed 53 pages. Authorized by Chief Judge Glenn T. Suddaby on 12/11/2018. (Text Order mailed to Petitioner via regular mail). (rar, )
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Filing 10
Letter Motion from Margaret A. Cieprisz for Lynn Lilley requesting Permission to File Oversized Memorandum of Law in Response to Habeas Petition submitted to Judge Glenn T. Suddaby . (Cieprisz, Margaret)
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Filing 9
TEXT ORDER granting #8 Letter Request, Lynn Lilley answer due 12/13/2018. Authorized by Chief Judge Glenn T. Suddaby on 11/6/18. {text order served via regular mail on petitioner}(nas, )
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Filing 8
First Letter Motion from Margaret A. Cieprisz for Lynn Lilley requesting Extension of Time to File Answer submitted to Judge Glenn T. Suddaby . (Cieprisz, Margaret)
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Filing 7
NOTICE of Appearance by Margaret A. Cieprisz on behalf of Lynn Lilley (Cieprisz, Margaret)
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Filing 6
DECISION AND ORDER: ORDER directing response to the Habeas Corpus Petition; response due by Lynn Lilley served on 8/14/2018, answer due 11/13/2018. ORDERED that petitioner may, but is not required to, file a reply within thirty (30) days of the filing date of respondent's answer. Signed by Chief Judge Glenn T. Suddaby on 8/14/18. (Attachments: #1 petition){served as directed}(nas, )
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Filing 5
TEXT ORDER REOPENING CASE: This action was administratively closed due to petitioner's failure to comply with the filing fee requirements, and petitioner was directed to respond to the Order if s/he wished to pursue this action. Petitioner has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by Chief Judge Glenn T. Suddaby on 8/8/18. {text order served via regular mail on petitioner}(nas, )
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Filing 4
Letter from Mesko enclosing filing fee. (nas, )
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Filing fee: $ 5.00, receipt number SYR053001 (nas, )
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Filing 3
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that petitioner's IFP Application is DENIED as incomplete. ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that if petitioner wants to pursue this action, he must so notify the Court WITHIN THIRTY (30) DAYS of the filing date of this Order and either: (1) pay the court's filing fee of five dollars ($5.00); or (2) submit a completed and signed IFP Application that has been certified by an appropriate prison official at his facility. Signed by Chief Judge Glenn T. Suddaby on 7/26/18. {order and blank ifp form served via regular mail on petitioner}(nas, )
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| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Peter Mesko. (nas, ) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Peter Mesko. (Attachments: #1 affidavit of service, #2 envelope)(nas, ) |
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| Respondent: Lynn Lilley | |
| Represented By: | Margaret A. Cieprisz |
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| Petitioner: Peter Mesko | |
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