Daniels v. Lee
Petitioner: Christopher Daniels
Respondent: William Lee
Case Number: 1:2017cv07922
Filed: October 13, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Colleen McMahon
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
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Date Filed Document Text
September 29, 2022 Opinion or Order Filing 64 ORDER: Adopting REPORT AND RECOMMENDATION: for 60 Report and Recommendation. Having received no objections to the Report and Recommendation (the "R&R"), ECF No. 60, of the Honorable Robert W. Lehrburger, the Court reviewed the R&R for cl ear error and found none. Santiago v. Colvin, No. 12 Civ. 7052, 2014 WL 1092967, at *1 (S.D.N.Y. Mar. 17, 2014). The Court, therefore, ADOPTS the R&R in its entirety. Accordingly, Petitioner's petition for a writ of habeas corpus is DENIED and the action is DISMISSED. The Clerk of Court is directed to close the case and mail a copy of this order to Petitioner pro se. SO ORDERED. (Signed by Judge Analisa Torres on 9/29/2022) (ama)
June 30, 2022 Opinion or Order Filing 63 ORDER re: 62 Letter, filed by Christopher Daniels. Petitioner's request is GRANTED. Accordingly, by July 21, 2022, Petitioner shall file any objections. SO ORDERED. (Objections to R&R due by 7/21/2022) (Signed by Judge Analisa Torres on 6/30/2022) (kv)
April 11, 2022 Opinion or Order Filing 59 ORDER: On February 9, 2022, the Court issued an order directing that any reply from Petitioner had to be filed by March 31, 2022. (Dkt. 58.) No reply has been filed, and Plaintiff has not requested an extension. Accordingly, the Court sua sponte extends Plaintiff's time to reply to April 30, 2022. If no reply is filed by that date, the Court will deem the matter fully submitted and decide the petition based on the existing record. SO ORDERED. (Replies due by 4/30/2022.) Copies trans mitted this date to all counsel of record. The Clerk of Court is respectfully requested to mail a copy of this Order to pro se Petitioner: Christopher Daniels, DIN No. 13-A-3036, Fishkill Correctional Facility, Box 1245, Beacon, NY 12508. (Signed by Magistrate Judge Robert W. Lehrburger on 4/11/2022) (mml)
April 30, 2021 Opinion or Order Filing 46 ORDER: Accordingly, pursuant to this Court's order previously issued at Dkt. 44: 1. The stay of this action is hereby LIFTED. 2. By June 29, 2021, Petitioner shall file a supplemental brief addressing any issues arising from his collateral Se ction 440 and coram nobis proceedings for which he seeks habeas relief. 3. By August 28, 2021, Respondent shall file any opposition to Petitioner's supplemental brief. 4. By October 12, 2021, Petitioner shall file any reply. The supplemental filings may address only new matters raised by the collateral Section 440 and coram nobis proceedings. SO ORDERED. (Brief due by 6/29/2021. Reply to Response to Brief due by 10/12/2021. Responses to Brief due by 8/28/2021.) (Signed by Magistrate Judge Robert W. Lehrburger on 4/30/2021) Copies transmitted to all counsel of record and mailed to: Christopher Daniels, DIN No. 13-A-3036, Eastern NY Correctional Facility, P.O. Box 338, Napanoch, NY 12458-0338. (mml)
January 27, 2021 Opinion or Order Filing 44 ORDER granting 43 Letter Motion to Stay. Accordingly: 1. This action is stayed until final decision in Plaintiff's coram nobis proceedings. 2. Within seven days following issuance of the final decision in Plaintiff's coram nobis proce edings, the State shall file and serve on Plaintiff a letter so informing the Court. 3. Within 60 days following filing of the foregoing notification, Petitioner shall file a supplemental brief addressing any new issues from his collateral § 44 0 and coram nobis proceedings for which he seeks habeas relief. 4. The State shall file its supplemental opposition within 60 days following Petitioner's supplemental brief. 5. Petitioner may file a supplemental reply brief within 45 days fol lowing Petitioner's supplemental brief. To be clear, the supplemental filings may address only new matters raised by the collateral § 440 or coram nobis proceedings. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 1/26/2021) Copies transmitted to all counsel of record and mailed to: Christopher Daniels, DIN No. 13-A-3036, Eastern NY Correctional Facility, P.O. Box 338, Napanoch, NY 12458-0338. (mml)
January 25, 2021 Opinion or Order Filing 42 ORDER: The Court has received Petitioner's letter dated January 11, 2021 (Dkt. 40). The Court understands the letter to be a request to amend the Petition to include additional claims pursued collaterally. By February 8, 2021, the State shall file a response to Petitioner's letter. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 1/25/2021) Copies transmitted to all counsel of record and mailed By Chambers. (ks)
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Petitioner: Christopher Daniels
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Respondent: William Lee
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