Kelsey v. Lewin
| Michael N. Kelsey |
| Donna Lewin |
| 9:2021cv00348 |
| March 24, 2021 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Mae A D'Agostino |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| Filing 15 DECISION AND ORDER: It is ORDERED that petitioner's motion for expedited review, Dkt. No. #13 , is DENIED. The Court again makes no determination regarding the merits of any of the claims raised in the petition. Signed by US Magistrate Judge Andrew T. Baxter on 5/21/2021. (Copy served via regular mail)(meb) |
| Filing 14 NOTICE by Donna Lewin Of Substitution of Counsel (Lyons, Paul) |
| Filing 13 Letter Motion seeking a ruling filed by Michael N. Kelsey. (Attachments: #1 Mailing envelope)(meb) |
| Filing 12 Letter to defense counsel, CCed to Magistrate Judge Baxter, filed by Michael N. Kelsey. (Mailing envelope included) (meb) |
| Filing 11 DECISION AND ORDER: It is ORDERED that petitioner's application for bail, Dkt. No. #2 , is DENIED. The Court again makes no determination regarding the merits of any of the claims raised in the petition; and it is further ORDERED that the Clerk serve a copy of this Decision and Order upon petitioner in accordance with the Local Rules. Signed by US Magistrate Judge Andrew T. Baxter on 5/12/2021. (Copy served via regular mail)(meb) (Main Document 11 replaced on 5/12/2021 with a corrected version) (meb). |
| CLERK'S CORRECTION OF DOCKET ENTRY: The Clerk has replaced the #11 Decision and Order with a new version that corrects the language in the conclusion. (meb) |
| Filing 10 RESPONSE in Opposition re #2 MOTION filed by Michael N. Kelsey. filed by Donna Lewin. (Attachments: #1 Declaration of Service)(Steward, Priscilla) |
| Filing 9 NOTICE of Appearance by Priscilla I. Steward on behalf of Donna Lewin (Steward, Priscilla) |
| Filing 8 EXHIBITS: In support of the #1 Petition. (Attachments: #1 Exhibit aaa - Part 1, #2 Exhibit aaa - Part 2, #3 Exhibit aaa - Part 3, #4 Exhibit aaa - Part 4, #5 Exhibit aaa - Part 5, #6 Exhibit aaa - Part 6, #7 Exhibits bbb - eee, #8 Exhibits AA - BB, #9 Exhibits CC - FF, #10 Exhibits GG - OO, #11 Exhibits QQQ - RRR, #12 Exhibit SSS) (meb) |
| Filing 7 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 Section XIII, Rule 1.1 of the Local Rules; and it is further ORDERED that the respondent shall file and serve a response to petitioner's motion to release him from custody during the pendency of his habeas petition, Dkt. No. #2 , within two weeks from the date of this Decision and Order; 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's motion for various other relief, Dkt. No. #4 , is GRANTED IN PART. Petitioner's requests to (1) file an enlarged memorandum of law and (2) have his previously filed exhibits, Kelsey I, Dkt. No. 6, be re-docketed in the present action are GRANTED. Petitioner's request to re-docket his discovery motion, Kelsey I, Dkt. No. 10, is DENIED. (Response due by Donna Lewin served on 4/15/2021, answer due 7/14/2021). Authorized by US Magistrate Judge Andrew T. Baxter on 4/15/2021. (Attachments: #1 Petition)(Copy served via regular mail)(meb) |
| Set Deadline: Notice of Compliance Deadline 4/29/2021. (meb) |
| Filing 6 TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, and plaintiff was directed to respond to the Order if s/he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by U.S. District Judge Mae A. D'Agostino on 4/12/2021. (Copy served via regular mail)(meb) |
| Filing 5 Letter enclosing the filing fee filed by Michael N. Kelsey. (Mailing envelope included) (meb) |
| Filing fee received: $5.00, receipt number SYR059093. (meb) |
| Filing 4 LETTER MOTION: Filed by Michael N. Kelsey, dated April 1, 2021, requesting some of the submissions from case 9:20-cv-1211 be transferred over to this case. Petitioner also advises that his filing fee is being sent under a separate mailing. {Mailing envelope attached}. (rep) |
Filing 3
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. It is hereby ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further ORDERED that if petitioner wants to pursue this action, he must so notify the Court WITHIN THIRTY (30) DAYS of the filing date of this Order and either: (1) pay the court's filing fee of five dollars ($5.00); or (2) submit a completed and signed IFP Application that has been certified by an appropriate prison official at his facility; and it is further ORDERED that upon petitioner's compliance with this order, the Clerk shall reopen this action and forward it to the Court for review; and it is further ORDERED that the Clerk serve a copy of this Order on petitioner along with a blank IFP Application. Signed by U.S. District Judge Mae A. D'Agostino on March 29, 2021. (Copy served via regular mail on petitioner along with a blank IFP Application).(rep)
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| Filing 2 MOTION: For Release on Recognizance, filed by Michael N. Kelsey.(rep) |
| Filing 1 PETITION: For Writ of Habeas Corpus, filed by Michael N. Kelsey. (Attachments: #1 Memorandum of Law, #2 Exhibit, #3 Cover Letter, #4 Affidavit of Service, #5 Mailing Envelope)(rep) |
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| Respondent: Donna Lewin | |
| Represented By: | Priscilla I. Steward |
| Represented By: | Paul B. Lyons |
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| Petitioner: Michael N. Kelsey | |
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