Cole v. Clinton
| John W. Cole |
| J. Clinton |
| 9:2023cv01555 |
| December 12, 2023 |
| US District Court for the Northern District of New York |
| Brenda K Sannes |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on December 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 Letter from Cole enclosing a notice of motion for Dkt. No. #5 (nas ) |
Filing 6
TEXT ORDER. The Court is in receipt of petitioner's letter objecting to respondent's ninety-day response deadline. Dkt. No. #5 . Petitioner's request to shorten the deadline and further expedite the answer is DENIED. It is axiomatic that the Court has the power to set and enforce reasonable deadlines. See e.g. Baptiste v. Sommers, 768 F.3d 212, 219 (2d Cir. 2014). Accordingly, while petitioner's objection is noted, the answer deadline remains March 14, 2024. Authorized by Chief Judge Brenda K. Sannes on December 28, 2023. {text order served via regular mail on petitioner}(nas)
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| Filing 5 Motion from John W. Cole requesting seeking compliance with 28 USCA Section 2243, Local Rules and FRCP. (Attachments: #1 envelope)(nas ) |
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Filing 4
DECISION AND ORDER: It is hereby ORDERED that the Clerk respectfully serve a copy of this Decision and Order on petitioner in accordance with the Local Rules; and it is further 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 a limited answer to the petition, addressing the issue of timeliness, and provide the Court with the relevant records, within ninety (90) days of the date of this Decision and Order. (Response due by J. Clinton served on 12/15/2023, answer due 3/14/2024). Signed by Chief Judge Brenda K. Sannes on 12/15/2023. (Attachments: #1 Petition)(Served as directed)(meb)
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| Filing 3 Case transferred in from District of New York Western; Case Number 6:23-cv-06667. electronically transferred when case opened |
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Filing 2
ORDER Signed by Hon. Elizabeth A. Wolford on 12/11/2023. (DMK)This was mailed to: John W. Cole. [Transferred from New York Western on 12/12/2023.]
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| 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. Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, Civil Case Timeline, ADR Notification and pro se assistance program info was mailed to plaintiff. (DMK) [Transferred from New York Western on 12/12/2023.] |
| Filing fee: $ 5, receipt number 100003234. (DMK) [Transferred from New York Western on 12/12/2023.] |
| Filing 1 HABEAS CORPUS PETITION against J. Clinton, filed by John W. Cole. (Attachments: #1 Exhibit E-H, #2 Exhibit I-M, #3 Exhibit T, #4 Appeal Exhibits, #5 Civil Cover Sheet, #6 Envelope) (DMK) Modified date on 11/30/2023 (DMK).[Transferred from New York Western on 12/12/2023.] Modified on 12/12/2023 (nas, ). |
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| Petitioner: John W. Cole | |
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| Respondent: J. Clinton | |
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