DeLee v. Conway
| Dwight R. DeLee |
| Eugene Conway |
| 9:2018cv00935 |
| August 8, 2018 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Onondaga |
| David N Hurd |
| 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 October 3, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 AFFIDAVIT of Service by Eugene Conway. (Heisler, John) |
| Filing 8 NOTICE of Appearance by John E. Heisler, Jr on behalf of Eugene Conway (Heisler, John) |
Filing 7
DECISION AND ORDER: ORDERED that Petitioner has thirty (30) days to submit a letter clarifying with the Court whether petitioner wants to continue to proceed with the present petition or withdraw said petition. ORDERED that to the extent petitioner's letter motion (Dkt. No. #6 ) is construed as a motion for reconsideration, petitioner's motion is DENIED. ORDERED that to the extent petitioner wishes to re-file a motion for reconsideration, such a motion may be made within the thirty (30) days following this Court's Order. ORDERED that to the extent petitioner's letter motion (Dkt. No. #6 ) is construed as a motion to amend, petitioner's motion is DENIED. ORDERED that if petitioner wants to add new claims to his petition, he may file a motion to amend his original petition pursuant to Rule 15 of the Federal Rules of Civil Procedure and Local Rule 7.1, within thirty (30) days of the filing date of this Decision and Order. No response to the petition will be required until petitioner clarifies his intentions with the Court. ORDERED that upon the filing by petitioner of any motion for reconsideration or motion to amend his petition, the Clerk is directed to return the file to the Court for further review. ORDERED that if petitioner does not withdraw his petition or move to amend his petition within thirty (30) days of the filing date of this Decision and Order, the Court will consider his original petition only (Dkt. No. #1 ). Signed by Judge David N. Hurd on 10/2/18. [Notice of Compliance Deadline 11/2/2018] (nas, )
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| Filing 6 Letter Motion from Dwight R. DeLee requesting a stay. (Attachments: #1 envelope)(nas, ) |
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Filing 5
DECISION AND ORDER: ORDERED that Petitioner's application for a stay of his state court proceedings (Pet. at 6-7) and motion to appoint counsel (Pet. at 7; Dkt. No. #3 ) are DENIED. ORDERED that Respondent shall file and serve an answer to the amended petition, and provide the Court with the relevant records, within ninety (90) days of the date of this Decision and Order; Petitioner may, but is not required to, file a reply within thirty (30) days of the filing date of respondent's answer. Signed by Judge David N. Hurd on 9/10/18. [ response due by Eugene Conway served on 9/10/2018, answer due 12/10/2018] (Attachments: #1 petition){served as directed}(nas, )
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Filing 4
TEXT ORDER RE: #2 Based on petitioner's certified IFP Application, he is eligible to proceed with this action without paying the statutory filing fee. His IFP Application is therefore GRANTED. Petitioner will still be required to pay fees that he may incur in the future regarding this action, including but not limited to copying fees ($.50 per page). Authorized by Judge David N. Hurd on 9/10/18. {text order served via regular mail on petitioner}(nas, )
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| Filing 3 MOTION to Appoint Counsel filed by Dwight R. DeLee. (Attachments: #1 Exhibit(s)) (nas, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Dwight R. DeLee. (nas, ) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Dwight R. DeLee. (Attachments: #1 cover letter, #2 envelope)(nas, ) |
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| Respondent: Eugene Conway | |
| Represented By: | John E. Heisler, Jr. |
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| Petitioner: Dwight R. DeLee | |
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