Elleby v. The United States et al
| Taye L. Elleby |
| The State of New York, The United States and Brandon J. Smith |
| 1:2020cv02935 |
| April 9, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul A Engelmayer |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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Filing 16
ORDER: Accordingly, the Court denies Elleby's motion for compassionate release pursuant to 3582 and reaffirms its May 20, 2020 opinion dismissing Elleby's petition without prejudice. (Signed by Judge Paul A. Engelmayer on 6/8/2020) (jwh)
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| Mailed a copy of #14 Clerk's Judgment to Taye L. Elleby, DIN No. 14-A-1409l Greene Correctional Facility, P.O. Box 975, Coxsackie, NY 12051-0975.(rdz) |
| Mailed a copy of #15 Memo Endorsement, to Taye L. Elleby, DIN No. 14-A-1409; Greene Correctional Facility, P.O. Box 975, Coxsackie, NY 12051-0975. (sac) |
| Filing 15 MEMO ENDORSEMENT on re: #13 Response filed by Taye L. Elleby. ENDORSEMENT: Petitioner's letter response was docketed on Friday, May 22, 2020. For avoidance of doubt, the Court has reviewed the response, and the analysis in its opinion, Dkt. 12, which dismissed the Petition without prejudice, remains unchanged. The Clerk's office is directed to mail a copy of this endorsement to petitioner. (Signed by Judge Paul A. Engelmayer on 5/26/2020) (jwh) Transmission to Docket Assistant Clerk for processing. |
| Filing 14 CLERK'S JUDGMENT re: #12 Memorandum & Opinion. in favor of Brandon J. Smith against Taye L. Elleby. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated May 22, 2020, the Petition is denied without prejudice; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 05/26/2020) (Attachments: #1 Notice of Right to Appeal) (dt) Transmission to Docket Assistant Clerk for processing. |
| Mailed Notice of Case Reassignment to litigant. (nd) |
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Filing 12
OPINION & ORDER: For the foregoing reasons, the Petition is denied without prejudice. The Clerk of Court is respectfully directed to terminate the motion pending at docket 1 and to close this case. (Signed by Judge Paul A. Engelmayer on 5/22/2020) (jwh) Transmission to Orders and Judgments Clerk for processing.
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| Filing 13 PETITIONER'S RESPONSE. Document filed by Taye L. Elleby. (ama) |
| Filing 11 Petitioners Proof of Payment for Writ of Habeas Corpus. Document filed by Taye L. Elleby..(ks) |
| Filing 10 DECLARATION of Paul B. Lyons in Opposition. Document filed by Brandon J. Smith. (Attachments: #1 State Record Table of Contents, #2 State Record).(Lyons, Paul) |
| Filing 9 RESPONSE to #1 Petition for Writ of Habeas Corpus. Document filed by Brandon J. Smith..(Lyons, Paul) |
| Filing 8 MEMORANDUM OF LAW in Opposition to Habeas Petition. Document filed by Brandon J. Smith..(Lyons, Paul) |
| Mailed a copy of #7 Order on Motion for Extension of Time to Answer, to Taye L. Elleby, DIN No. 14-A-1409; Greene Correctional Facility, P.O. Box 975, Coxsackie, NY 12051-0975. (sac) |
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Filing 7
ORDER granting #6 Letter Motion for Extension of Time to Answer: Granted. Respondents' opposition, including the documents described in Dkt. 4, is due May 11, 2020. Once filed, respondents must promptly serve its opposition on petitioner. Petitioner's reply, if any, is due May 18, 2020. The Clerk of Court is directed to mail this endorsement to petitioner at the address listed above. (Brandon J. Smith answer due 5/11/2020.) (Signed by Judge Paul A. Engelmayer on 5/6/2020) (jwh)
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| Set/Reset Deadlines: Replies due by 5/18/2020 (jwh) Modified on 5/7/2020 (jwh). |
| Transmission to Docket Assistant Clerk. Transmitted re: #7 Order on Motion for Extension of Time to Answer to the Docket Assistant Clerk for case processing. (jwh) |
| Filing 6 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Engelmayer from Paul B. Lyons dated May 5, 2020. Document filed by Brandon J. Smith..(Lyons, Paul) |
| Pro Se Payment of Fee Processed: Check processed by the Finance Department on 4/22/2020, Receipt Number 465401257746. (rw) |
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Filing 5
HABEAS INFORMATION PACKAGE MAILED to Taye L. Elleby DIN No. 14-A-1409 Greene Correctional Facility P.O. Box 975 Coxsackie, NY 12051-0975, at, on 4/20/2020 Re: #4 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (nb)
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Filing 4
ORDER: Having examined this petition under 28 U.S.C. 2254, the Court orders the following: The Clerk of Court shall dismiss the United States and the State of New York, and substitute under Rule 21 of the Federal Rules of Civil Procedure Brandon J. Smith, Superintendent of Greene Correctional Facility, as Respondent. See Rules Governing Section 2254 Cases in the United States District Courts, Rule 2(a) (proper respondent in habeas corpus petition is the state officer who has custody). The Clerk of Court shall serve a copy of this order and of the petition on the Attorney General of the State of New York by certified mail to 28 Liberty Street, New York, New York, 10005; and on the District Attorney of New York County by certified mail to 1 Hogan Place, New York, New York 10013. No later than May 1, 2020, Respondent shall file and serve (1) an answer to the petition and (2) the transcripts and briefs identified in Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. Petitioner may file and serve reply papers, if any, within two weeks from the date he is served with Respondent's answer. The Clerk of Court is directed to mail this order and petition, Dkt. 1, to the addresses listed above. (Brandon J. Smith added. The State of New York and The United States terminated. Brandon J. Smith answer due 5/1/2020.) (Signed by Judge Paul A. Engelmayer on 4/20/2020) (jwh) Transmission to Pro Se Assistants for processing.
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Filing 3
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Petitioner, proceeding pro se, brings this petition for a writ of habeas corpus. To proceed with a petition for a writ of habeas corpus in this Court, a petitioner must either pay the $5.00 filing fee or, to request authorization to proceed in forma pauperis (IFP), that is, without prepayment of fees, submit a signed IFP application. See 28 U.S.C. 1914, 1915. Petitioner submitted the petition without the filing fee or an IFP application. Within two weeks of the date of this order, Petitioner must either pay the $5.00 filing fee or complete and submit the attached IFP application. If Petitioner submits the IFP application, it should be labeled with docket number 20-CV-2935 (PAE). If the Court grants the IFP application, Petitioner will be permitted to proceed without prepayment of fees. See 28 U.S.C. 1915(a)(1). Chambers will mail a copy of this order and the IFP application to Petitioner and note service on the docket. No answer shall be required at this time. If Petitioner complies with this order, the Court shall process the case in accordance with the procedures of the Clerk's Office. If Petitioner fails to comply with this order within the time allowed, the Court will dismiss the action. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 44445 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). Copies mailed by Chambers. (Signed by Judge Paul A. Engelmayer on 4/20/2020) Copies Mailed By Chambers. (jwh)
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| Mailed a copy of #4 Order of Service #1 Petition for Writ of Habeas Corpus to Attorney General of the State of New York to 28 Liberty Street, New York, New York, 10005 by Certified Mail # 7018 1830 0001 1674 6197 and on the District Attorney of New York County 1 Hogan Place, New York, New York 10013 by Certified Mail # 7018 1830 0001 1674 6180. (nb) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case. (ad) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Taye L. Elleby. (sac) |
| Case Designated ECF. (sac) |
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