Service v. Noeth
| Michael Service |
| Joseph Noeth |
| 1:2017cv04941 |
| June 29, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul G. Gardephe |
| Sarah Netburn |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
53
ORDER: On September 19, 2022, Respondent mailed the Court a USB flash drive containing PDFs of Exhibits X, Y, and Z. By October 6, 2023, Respondent shall either file those Exhibits on ECF, or, alternatively, show cause as to why such filing is not possible. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 10/2/2023) (dsh)
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Filing
47
ORDER granting 44 Motion to Stay. Petitioner's motion to stay this matter is GRANTED. This matter is stayed and Petitioner's habeas petition shall be held in abeyance so that Petitioner can exhaust additional claims in state court. Petitioner is further granted leave pursuant to Federal Rule of Civil Procedure 15(a) to amend the petition to include those additional claims if they are rejected by the state court. Respondent will be granted an opportunity to argue that the amend ed claims do not relate back and are therefore untimely as part of its response on the merits to the amended petition. Finally, Petitioner is ordered to file a status letter with the Court within 30 days of a final decision on Petitioner's writ of error coram nobis. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 44. (Signed by Magistrate Judge Sarah Netburn on 2/08/2021) (ras)
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Filing
35
ORDER: In accordance with the Court's June 9, 2020 Order, Respondent and Petitioner updated the Court on the status of Petitioner's state court litigation by letters dated June 16, 2020, and June 23, 2020, respectively. See ECF Nos. 32, 34. The New York State Court of Appeals has denied Petitioner's request for leave to appeal the denial of his coram nobis petition. The Court therefore lifts the stay in this matter and directs Petitioner to submit his Reply in support of the Petition by no later than Monday, September 21, 2020. As part of that Reply, Petitioner may move to amend his Petition to include the claims raised in his coram nobis petition and should detail any corresponding merits arguments accordingly. Respondent may file a response to Plaintiff's Reply by Monday, October 12, 2020. The Court will then consider the matter fully briefed and ready for resolution. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Petitioner. So Ordered. (Signed by Magistrate Judge Sarah Netburn on 7/23/2020) (js) Transmission to Docket Assistant Clerk for processing.
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Filing
31
ORDER: Accordingly, each party is directed to file a separate letter by Friday, June 19, 2020, updating the Court on the status of Petitioners state court litigation to the best of the party's knowledge. The parties should also set forth the ir respective positions on whether the Court should lift the stay and direct Petitioner to submit his Reply in support of the Petition so that the matter will be fully briefed and ready for resolution. Finally, Petitioner is again reminded that h e must keep the Court apprised of his current address by filing a Notice of Change of Address whenever he is transferred to a new facility. A copy of the form is attached to this order. Petitioner should note that failure to update his address may result in dismissal for failure to prosecute under Rule 41(b). (Signed by Magistrate Judge Sarah Netburn on 6/9/2020) Copies Sent By Chambers. (js)
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Filing
27
ORDER: Each party is directed to file a separate letter by Friday, January 24, 2020, updating the Court on the status of Petitioner's state court litigation to the best of the party's knowledge, including by stating whether the Court of Appeals has responded to Petitioner's letter requesting an extension of time to appeal, dated September 23, 2019. See ECF No. 26. (Signed by Magistrate Judge Sarah Netburn on 1/6/2020) Copies Mailed By Chambers. (ras)
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| Petitioner: Michael Service | |
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| Respondent: Joseph Noeth | |
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