Pendell v. Shanley
| Perry Pendell |
| Raymond Shanley |
| 9:2021cv00201 |
| February 22, 2021 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| 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 8
NOTICE of Appearance by Paul B. Lyons on behalf of Raymond Shanley (Lyons, Paul)
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Filing 7
LETTER: Filed by Perry Pendell, dated March 15, 2021. (rep)
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Filing 6
ORDER: Directing response to the Habeas Corpus Petition. It is hereby 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 Section XIII, Rule 1.1(d) of the Local Rules; 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. It is further ORDERED that upon the filing of the reply, if any, or after the deadline to file a reply expires, the Clerk shall forward the file to the Court for further review; and it is further ORDERED that petitioner's letter motion, Dkt. No. #5 , is DENIED; however, the Clerk is respectfully directed to provide petitioner with a 42 U.S.C. 1983 packet for his reference; and it is further ORDERED that the Clerk serve a copy of this Decision and Order upon petitioner in accordance with the Court's Local Rules of Practice. Signed by Magistrate Judge Christian F. Hummel on March 12, 2021. [Response due by Raymond Shanley served on 3/12/2021, answer due 6/10/2021]. (Attachments: #1 Petition - Part 1, #2 Petition - Part 2, #3 Petition - Part 3, #4 Memorandum of Law){Copies served as directed}.(rep)
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Filing 3
***SEALED EXHIBITS To the #1 Petition, filed by Perry Pendell. (Attachments: #1 Exhibit B - Part 1, #2 Exhibit B - Part 2, #3 Exhibit B - Part 3, #4 Exhibit B - Part 4, #5 Exhibit C) (rep) (Additional attachment(s) added on 3/3/2021: #6 Exhibit D - Part 1, #7 Exhibit D - Part 2, #8 Exhibit D - Part 3, #9 Exhibit D - Part 4) (rep, ). (Additional attachment(s) added on 3/3/2021: #10 Exhibits E, F, and G, #11 Exhibits H and I - Part 1, #12 Exhibits H and I - Part 2, #13 Exhibits H and I - Part 3) (rep, ). (Additional attachment(s) added on 3/3/2021: #14 Exhibits J through Q - Part 1, #15 Exhibits J through Q - Part 2, #16 Exhibits R through Z) (rep, ). (Additional attachment(s) added on 3/3/2021: #17 Motion to Vacate - Volume 1, #18 Motion to Vacate - Volume 2, Part 1, #19 Motion to Vacate - Volume 2, Part 2, #20 Motion to Vacate - Volumte 2, Part 3) (rep, ). (Additional attachment(s) added on 3/3/2021: #21 Motion to Vacate - Volume 2, Part 4, #22 Motion to Vacate - Volume 2, Part 5, #23 Motion to Vacate - Volume 2, Part 6) (rep, ). (Additional attachment(s) added on 3/3/2021: #24 Motion to Vacate - Volume 3, Part 1, #25 Motion to Vacate - Volume 3, Part 2, #26 Motion to Vacate - Volume 3, Part 3) (rep, ). (Additional attachment(s) added on 3/3/2021: #27 Motion to Vacate - Volume 4, Part 1, #28 Motion to Vacate - Volume 4, Part 2, #29 Motion to Vacate - Volume 5, Part 1, #30 Motion to Vacate - Volume 5, Part 2) (rep, ). (Additional attachment(s) added on 3/3/2021: #31 Motion to Vacate - Volume 6, Part 1, #32 Motion to Vacate - Volume 6, Part 2, #33 Motion to Vacate - Volume 7, Part 1, #34 Motion to Vacate - Volume 7, Part 2) (rep, ). (Additional attachment(s) added on 3/3/2021: #35 Transcript - Volume 1, Part 1, #36 Transcript - Volume 1, Part 2, #37 Transcript - Volume 2, Part 1, #38 Transcript - Volume 2, Part 2, #39 Transcript - Volume 3) (rep, ). (Additional attachment(s) added on 3/3/2021: #42 Transcript - Volume 4, Part 1, #43 Transcript - Volume 4, Part 2, #44 Transcript - Volume 5, Part 1) (rep, ). (Additional attachment(s) added on 3/3/2021: #45 Transcript - Volume 5, Part 2, #46 Transcript - Volume 5, Part 3, #47 Transcript - Volume 6, Part 1) (rep, ). (Additional attachment(s) added on 3/3/2021: #48 Transcript - Volume 6, Part 2, #49 Transcript - Volume 7, Part 1, #50 Transcript - Volume 7, Part 2) (rep, ).
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Filing 2
TEXT ORDER: Petitioner seeks federal habeas corpus relief. See Dkt. No. #1 , Petition. Petitioner attached several thousand pages of exhibits in support of his petition. Both the petition and exhibits were accepted for filing. However, several of these exhibits are images considered highly sensitive in nature. Furthermore, throughout the exhibits there are several references to, or information identifying, the victim. Therefore, the Court shall seal the exhibits because they contain repeated identifiers of a victim of a sex offense. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). Such sealing is narrowly tailored and represents the least restrictive means to satisfy the First Amendment and common law right of public access to court documents while also protecting the identity of the victim. Moreover, the highly sensitive images will be traditionally filed with the Clerk's Office. Petitioner is reminded that, in the event respondent is directed to answer his petition, it is the respondent's duty to produce all relevant state court records and transcripts to the Court. See Rule 5, Rules Governing Section 2254 Cases in the United States District Courts. Thus, at this time, no further submissions in support of the petition are required as the docket is not intended to serve as a repository for petitioner's records. SO ORDERED by Chief Judge Glenn T. Suddaby on 3/2/2021. (Copy served upon petitioner via regular mail) (sal)
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Filing 1
PETITION: For Writ of Habeas Corpus (Filing fee $ 5.00, Receipt No. SYR058879). Filed by Perry Pendell. (Attachments: #1 Part 2 of Petition, #2 Part 3 of Petition, #3 Memorandum of Law, #4 Exhibit List, #5 Civil Cover Sheet, #6 Cover Letter, #7 Affidavit of Service, #8 Mailing Envelope)(rep) (Additional attachment(s) added on 3/1/2021: #9 Letter from Mary Lou Shaughnessey Re: Filing Fee) (rep, ).
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| Petitioner: Perry Pendell | |
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| Respondent: Raymond Shanley | |
| Represented By: | Paul B. Lyons |
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