Allen v. Walsh
| William Allen |
| James J. Walsh |
| 1:2009cv05832 |
| June 25, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Sullivan |
| Robert P. Patterson |
| None |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
53
ORDER: The Court has received and reviewed Mr. Allens latest status report, dated February 21, 2022. Mr. Allen reports that his state court post-conviction proceedings are still pending before the Appellate Division. In light of the continued pendency of Mr. Allens state court proceedings, the Court will continue to hold the habeas petition in abeyance. Mr. Allen shall file a further status report by September 2, 2022. Mr. Allen poses a question to the Court, inquiring about the mean ing of a filing that he received in the mailnamely, the Notice of Appearance recently filed in this case by Ms. Michelle Maerov, counsel for Respondent. (Docket entry no. 52.) This filing simply notifies the Petitioner and the Court that Ms. Maerov will be acting as an attorney for Respondent in this case. The Court has added her information to the list of attorneys on the docket and there is no additional action that needs to be taken based on the filing. So Ordered. (Signed by Judge Laura Taylor Swain on 3/2/2022) (js)
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Filing
50
ORDER re: 49 Memo Endorsement. Pursuant to the Courts order entered November 2, 2021, Mr. Allen was directed to file a further status report by February 1, 2022. (Docket entry no. 49.) In light of the COVID-19 pandemic, the deadline for the su bmission of Mr. Allen's status report is hereby extended to March 15, 2022. The Chamebers will mail a copy of this order to Mr. Allen. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/3/2022) Copy to be Mailed to: William M. Allen Jr., # 03A4303, Sullivan Correctional Facility, PO Box 116, Loc. AN/134 Fallsburg, NY 12733-0116. (kv) Modified on 2/3/2022 (kv).
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Filing
42
ORDER: This Court cannot give Mr. Allen advice about state court procedures, not can it intervene for him with the state court. However, the Court suggests that Mr. Allen contact the Office of Court Administration at the Bronx Supreme Court regard ing his effort to retrieve the decision on his December 2018 Motion. Mr. Allen may write to the Office of Court Administration at 265 East 161st Street, Bronx, NY, 10451. Nor does this Court have any power to summarily dismiss Mr. Allen's 1983 state conviction. Mr. Allens Petition has now been held in abeyance for over ten years. (See docket entry no. 9.) In light of this significant passage of time during which Mr. Allen has been pursuing his CPL 440 motions in state court, the Court di rects Mr. Allen to file a letter by January 1, 2021, stating whether Mr. Allen would like the Court to continue to hold the Petition in abeyance, or move forward with considering his Petition on the merits. (As further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 10/6/2020) Copies Mailed By Chambers. (cf)
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| Petitioner: William Allen | |
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| Respondent: James J. Walsh | |
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