Campbell vs. Lamanna
| Daniel Campbell |
| Rensselaer County and Jamie Lamanna |
| 9:2019cv01174 |
| September 23, 2019 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Glenn T Suddaby |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Filing 11 DECISION AND ORDER: It is ORDERED that petitioner's letter request, (Dkt. No. #10 ), is DENIED; and it is further, ORDERED that if petitioner wishes to add claims to his petition, he must 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. If he makes such a motion, petitioner must attach a proposed amended petition setting forth all of the claims that he wants the Court to consider, including the claims now raised in the petition and the new claim that petitioner wants to add to the petition. The Clerk is directed to send petitioner a blank section 2254 petition for that purpose. It is further ORDERED that if any additional claim in the proposed amended petition remains unexhausted, petitioner must file a motion to stay within thirty (30) days of the filing date of this Decision and Order. In any motion to stay, petitioner must include the date upon which he filed his Article 78 petition and its status in the state courts. It is further ORDERED that the Clerk serve a copy of this Decision and Order upon respondent. Respondent shall not be required to file and serve an answer relating to the original petition (Dkt. No. 1) until further order of the Court. Signed by US Magistrate Judge Andrew T. Baxter on October 21, 2019. Notice of Compliance Deadline 11/21/2019. (Order served as directed).(rep) |
| Filing 10 Letter Request dated 10/7/2019 to not grant the respondent an extension of the response deadline to the petition filed by Daniel Campbell. (Mailing envelope included) (meb) |
| Filing 9 Letter dated 10/6/2019 regarding a filing with the Albany Supreme Court filed by Daniel Campbell. (Mailing envelope included) (meb) |
| Filing 8 DECISION AND ORDER: ORDERED that the petitioner's motion for the Court to appoint him counsel, Dkt. No. #7 , is DENIED without prejudice. ORDERED that the Clerk serve a copy of this Decision and Order upon petitioner in accordance with the Court's Local Rules of Practice, as well as a copy of the Docket Sheet and a courtesy copy of the September Order, Dkt. No. #6 , in response to petitioner's request for a status update. Signed by US Magistrate Judge Andrew T. Baxter on 10/9/19. {order and referenced documents served via regular mail on petitioner}(nas) |
| Filing 7 NOTICE OF CHANGE OF ADDRESS/LETTER MOTION: Filed by Daniel Campbell, advising that he is now housed at Green Haven Correctional Facility. Plaintiff's previous address was Attica Correctional Facility. (Attachments: #1 Mailing Envelope)(rep) Modified on 10/7/2019 (rep, ). |
| Filing 6 DECISION AND ORDER: It is 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); and it is further ORDERED that the 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; and it is further 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 US Magistrate Judge Andrew T. Baxter on September 30, 2019. [Response due by Jamie Lamanna served on 9/30/2019, answer due 12/30/2019]. (Attachments: #1 Petition){Served as directed}(rep) |
| Filing 5 TEXT ORDER: Based on petitioner's properly certified IFP Application, Dkt. No. #2 , 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 US Magistrate Judge Andrew T. Baxter on September 30, 2019. (Copy served via regular mail)(rep) |
| Filing 4 Case transferred in from District of New York Western; Case Number 6:19-cv-06427. electronically transferred when case opened |
Filing 3
ORDER Transferring this case to the United States District Court for the Northern District of New York. Signed by Hon. Charles J. Siragusa on 7/22/2019. The determination of Petitioners motion for permission to proceed in forma pauperis will be left for the Northern District. (BK) [Transferred from New York Western on 9/23/2019.]
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Daniel Campbell. (BK) [Transferred from New York Western on 9/23/2019.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Daniel Campbell. (BK) [Transferred from New York Western on 9/23/2019.] |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (BK) [Transferred from New York Western on 9/23/2019.] |
| The Pro Se Packet including: the Privacy Notice, Consent to Proceed before a Magistrate Judge and the Civil Case Timeline have been mailed to the Plaintiff. (BK) [Transferred from New York Western on 9/23/2019.] |
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