Byng v. Thompson
Petitioner: Kevin V. Byng
Respondent: James P. Thompson
Case Number: 9:2018cv00994
Filed: August 20, 2018
Court: US District Court for the Northern District of New York
Office: Prisoner Office
County: Erie
Presiding Judge: David E Peebles
Referring Judge: Gary L Sharpe
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 21, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 17, 2018 Filing 24 Letter from Byng dated 10/15/18. (nas, )
October 11, 2018 Filing 23 Letter from Byng. (nas, )
October 10, 2018 TEXT NOTICE RE: #19 MOTION to Amend/Correct #1 Petition for Writ of Habeas Corpus : Response to Motion due by 10/26/2018 {text notice served via regular mail on petitioner}(nas, )
October 9, 2018 Filing 22 NOTICE of Appearance by Margaret A. Cieprisz on behalf of James P. Thompson (Cieprisz, Margaret)
September 28, 2018 Filing 20 Letter from Byng. (nas, )
September 20, 2018 Filing 19 MOTION to Amend #1 Petition for Writ of Habeas Corpus filed by Kevin V. Byng. (Attachments: #1 Proposed Amended Pleading, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 envelope)(nas, )
September 20, 2018 Opinion or Order Filing 18 TEXT ORDER RE 17 : The Court is in receipt of petitioner's letter inquiring about the procedure for issuing summonses in his 28 U.S.C. 2254 action. Dkt. No. 17. Petitioner is advised that summonses are not issued; instead, the Court has served petitioner's petition on the respondent and the Office of the Attorney General in accordance with Local Rule 72.4(e), as directed in the Court's Decision and Order dated September 6, 2018. Dkt. No. 15. No further submissions are required from Petitioner at this time. As stated in the Court's Decision and Order dated September 6, 2018, petitioner may file a reply within thirty (30) days of the filing date of respondent's answer. The Clerk is directed to provide petitioner with a copy of the Prisoner Local Rules for the Northern District of New York. Authorized by Magistrate Judge David E. Peebles on 9/20/18. {text order and copy of prisoner local rules served via regular mail on petitioner}(nas, )
September 6, 2018 Opinion or Order Filing 15 Decision and Order: ORDERED that the Court will reserve judgment on petitioner's motion to seal (Dkt. No. #3 ); however, the Clerk is directed to restrict viewing of all filings in the case to participants only. ORDERED that the Clerk serve copies of this Decision and Order and the petition upon respondent and the Attorney General of the State of New York in accordance with Local Rule 72.4(e). ORDERED that the respondent shall file and serve an answer to the petition, as well as a response to petitioner's request to seal, and provide the Court with the relevant records, within ninety (90) days of the date of this Decision and Order. 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 Magistrate Judge David E. Peebles on 9/6/18. [response due by James P. Thompson served on 9/6/2018, answer due 12/5/2018]{served as directed} (Attachments: #1 PETITION AND EXHIBITS)(nas, )
August 29, 2018 Filing 14 Letter from Byng dated 8/27/18 inquiring as to status. (nas, )
August 22, 2018 Filing 13 Letter from Byng dated 8/20/18 inquiring as to status. (nas, )
August 20, 2018 Filing 12 Letter from Byng received 8/15/18. Docket sheet provided to petitioner on 8/20/18. (nas, )
August 20, 2018 Filing 11 Letter received on 8/9/18 from Byng regarding receipt of case. (nas, )
August 20, 2018 Filing 10 Case transferred in from District of New York Western; Case Number 1:18-cv-00757. electronically transferred when case opened
August 8, 2018 Filing 9 Letter from Kevin Byng, dated 8/6/2018, to Clerk. (Status update letter sent to Petitioner.) (KLH) [Transferred from New York Western on 8/20/2018.]
August 6, 2018 Filing fee received: $ 5.00, receipt number 60931. (KLH) [Transferred from New York Western on 8/20/2018.]
August 3, 2018 Filing 8 Letter from Kevin Byng, dated 8/1/2018, to Clerk. (KLH) [Transferred from New York Western on 8/20/2018.]
August 2, 2018 Filing 7 Letter from Kevin Byng, dated 7/29/2018, to Clerk. (KLH) [Transferred from New York Western on 8/20/2018.]
August 2, 2018 Filing 6 Letter from Kevin Byng, dated 7/16/2018, to Clerk. (KLH) [Transferred from New York Western on 8/20/2018.]
August 1, 2018 Opinion or Order Filing 5 ORDER transferring case to the Northern District of New York. Signed by Hon. Frank P. Geraci, Jr. on 8/1/18. (SG) Plaintiff mailed copy of order [Transferred from New York Western on 8/20/2018.]
July 25, 2018 Filing 4 Letter from Plaintiff, dated 7/23/18, to Clerk of Court, status letter sent. (SG) [Transferred from New York Western on 8/20/2018.]
July 18, 2018 Filing 3 MOTION to Seal Document #1 Petition for Writ of Habeas Corpus by Kevin V. Byng.(SG) Received for docketing on 7/24/18. [Transferred from New York Western on 8/20/2018.]
July 11, 2018 Filing 2 Letter from Kevin Byng, dated 7/9/2018, to Clerk. (KLH) [Transferred from New York Western on 8/20/2018.]
July 10, 2018 Pro Se Packet Mailed to Plaintiff which included: Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline. (SG) [Transferred from New York Western on 8/20/2018.]
July 9, 2018 Filing 1 PETITION for Writ of Habeas Corpus, filed by Kevin V. Byng. (Attachments: #1 Exhibits, #2 Exhibits)(SG) Original document maintained in case file due to poor legibility. [Transferred from New York Western on 8/20/2018.]

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Respondent: James P. Thompson
Represented By: Margaret A. Cieprisz
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Petitioner: Kevin V. Byng
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