Baker v. The State of New York et al
| Christopher Baker, Jr. |
| Deborah McCulloch and The State of New York |
| 9:2018cv01048 |
| September 4, 2018 |
| US District Court for the Northern District of New York |
| Lawrence E Kahn |
| Daniel J Stewart |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing 6
DECISION AND ORDER: ORDERED that the Clerk serve copies of this Decision and Order, the Petition (Dkt. No. 1), memorandum of law (Dkt. No. 1-1), exhibits (Dkt. No. 1-2), the Court's September 25, 2018, Decision and Order (Dkt. No. 4), and Petitioner's affirmation (Dkt. No. 5) upon Respondent and the Attorney General of the State of New York in accordance with Local Rule 72.4(e). ORDERED that Respondent shall file and serve an answer to the Petition, 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 Daniel J. Stewart on 10/29/18.[response due by Deborah McCulloch served on 10/30/2018, answer due 1/28/2019; The State of New York served on 10/30/2018, answer due 1/28/2019] (Attachments: #1 petition, #2 memo of law, #3 exhibits, #4 December Order (dkt. no. 4), #5 affirmation){served as directed}(nas, )
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| Filing 5 AFFIDAVIT in response to #4 Order by Christopher Baker, Jr. (nas, ) |
| Filing 4 DECISION AND ORDER: ORDERED, that Petitioner may file a written affirmation, within thirty (30) days of the filing date of this Decision and Order, explaining why the statute of limitations should not bar this Petition. The affirmation shall not exceed fifteen (15) pages in length. Petitioner should state the date(s) upon which he filed any state court applications for relief in which he challenged his conviction, including the name and location of the court(s) in which he filed each application, and the date(s) upon which the application(s) were denied. If Petitioner is asking the court to equitably toll the limitations period, he must set forth facts establishing a basis for the application of equitable tolling as stated above. If Petitioner is asking the Court to apply an equitable exception to the limitations period, he must set forth facts establishing a basis for doing so. No answer to the Petition will be required from the Respondent until Petitioner has submitted the required affirmation, and the Court has had the opportunity to review his arguments. ORDERED, that upon Petitioner's submission of the written affirmation, the Clerk shall forward the entire file to the Court for review. ORDERED, that if Petitioner fails to submit the required affirmation, this Petition shall be dismissed as time-barred under 28 U.S.C. 2244(d) with no further order from the Court. Signed by U.S. Magistrate Judge Daniel J. Stewart on 9/25/18. ( Notice of Compliance Deadline 10/26/2018, Case Review Deadline 11/26/2018)(served on petitioner by regular mail) (alh, ) |
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Filing 3
TEXT ORDER RE: #2 Based on petitioner's 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 Magistrate Judge Daniel J. Stewart on 9/10/18. {text order served via regular mail on petitioner}(nas, )
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| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Christopher Baker, Jr.(alh, ) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Christopher Baker, Jr. (Attachments: #1 Memorandum of Law, #2 Exhibit(s), #3 Envelope)(alh, ) |
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