Moore v. Vann
Dominick Moore |
Mary Veinn and Mary Vann |
9:2020cv00012 |
January 6, 2020 |
US District Court for the Northern District of New York |
David N Hurd |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
Docket Report
This docket was last retrieved on September 9, 2020. A more recent docket listing may be available from PACER.
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Filing 8 NOTICE by Dominick Moore that he is being transferred to another facility and will notify the Court upon arrival. (nas, ) |
Filing 7 TEXT ORDER: Petitioner named "Mary Veinn," Superintendent of Altona Correctional Facility, as the respondent. Pet. at 1. The proper respondent is the superintendent of the facility in which petitioner is incarcerated. See Rule 2(a), Rules Governing Section 2254 Cases in the United States District Courts ("If the petitioner is currently in custody under a state-court judgment, the petition must name as respondent the state officer who has custody."). While petitioner named the correct Superintendent, he misspelled her last name. Dkt. No. 6. In light of this technical error, the Clerk is respectfully directed to update the caption to reflect the proper spelling of respondent's name, Mary Vann. Authorized by Judge David N. Hurd on 2/11/2020. {text order served via regular mail on petitioner}(nas) |
Filing 6 NOTICE of Appearance by Hannah S. Long on behalf of Mary Veinn (Long, Hannah) |
Filing 5 DECISION AND ORDER: ORDERED that 1. The Clerk of the Court shall serve a copy of this Decision and Order on petitioner in accordance with the Local Rules; 2. The Clerk shall serve copies of this Decision and Order, the Petition (Dkt. No. 1), the Court's January Order (Dkt. No. 3), and petitioner's Affirmation (Dkt. No. 4) upon respondent and the Attorney General of the State of New York in accordance with Local Rule 72.4(e); 3. 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; 4. 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 2/4/2020. (Attachments: #1 petition, #2 Exhibit(s), #3 January order, #4 affirmation)[ response due by Mary Veinn served on 2/4/2020, answer due 5/4/2020] {served as directed}(nas) |
Filing 4 AFFIRMATION in response to #3 Order by Dominick Moore. (Attachments: #1 cover letter; affidavit of service, #2 envelope)(nas, ) |
Filing 3 DECISION AND ORDER: ORDERED that Petitioner's IFP Application (Dkt. No. #2 ) is GRANTED. 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 and clarifying the procedural posture of any pending actions in state court. 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. 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 Judge David N. Hurd on 1/13/2020. ( Notice of Compliance Deadline 2/13/2020, Case Review Deadline 3/13/2020),{order served via regular mail on petitioner}(nas) |
Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Dominick Moore. (nas, ) |
Filing 1 PETITION for Writ of Habeas Corpus filed by Dominick Moore. (Attachments: #1 Exhibit(s), #2 cover letter, #3 envelope)(nas, ) |
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