Damon v. Smith
Petitioner: Alvin Damon
Respondent: Brandon Smith
Case Number: 9:2022cv00710
Filed: July 4, 2022
Court: US District Court for the Northern District of New York
Presiding Judge: David N Hurd
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 18, 2022 Opinion or Order Filing 5 DECISION AND ORDER: It is ORDERED that the Clerk respectfully serve a copy of this Decision and Order on petitioner in accordance with the Local Rules; The Clerk respectfully serve copies of this Decision and Order, the Petition (Dkt. No. #1 ), the Court's July 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 Section XIII, Rule 1.1 of the Local Rules; 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. (Response due by Brandon Smith served on 8/18/2022, answer due 11/16/2022.) Signed by Judge David N. Hurd on 8/18/2022. (Attachments: #1 Petition, #2 July order, #3 Affirmation)(Served as directed)(meb)
August 9, 2022 Filing 4 Letter from Theresa Suozzi, Esq. for Alvin Damon requesting Reply to Request from Court submitted to Judge Hon. Hurd . (Suozzi, Theresa) Modified on 8/10/2022 to make this a letter and not a motion (meb).
July 28, 2022 Opinion or Order Filing 3 DECISION AND ORDER: It is ORDERED that petitioner may file a written affirmation, within fourteen (14) days of the filing date of this Decision and Order, clarifying the procedural history and posture of any state court action challenging petitioner's criminal conviction as well as the exhaustion status of the claims in his instant action; The affirmation shall not exceed five (5) pages in length; No answer to the petition will be required from the respondent at this time; Either after petitioner submits his written affirmation or upon the expiration of the fourteen days, the Clerk shall forward the entire file to the court for review (Notice of Compliance Deadline 8/11/2022). Signed by Judge David N. Hurd on 7/28/2022. (meb) Modified on 7/28/2022 to remove the note that this was sent via regular mail (meb).
July 7, 2022 Filing 2 Letter enclosing the filing fee filed by attorney Theresa M. Suozzi. (meb)
July 7, 2022 Filing fee received: $5.00, receipt number SYR061060. (meb)
July 4, 2022 Filing 1 PETITION for Writ of Habeas Corpus filed by Alvin Damon. (Attachments: #1 Cover letter and signature pages)(meb)

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Petitioner: Alvin Damon
Represented By: Theresa M. Suozzi
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Respondent: Brandon Smith
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