Martinez v. Miller
| Omar Martinez |
| Superintendent Mark T. Miller |
| 1:2023cv01281 |
| February 10, 2023 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| MAILING RECEIPT: Document No: 12. Mailed to: Omar Martinez 16-A-0497 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582. (kh) |
Filing 12
ORDER. By letter filed March 14, 2023, pro se Petitioner requested "the opportunity to exhaust [his] state remedies first and resubmit [his] petition in federal court." Dkt. No. 11. Construing pro se Petitioner's letter liberally, as the Court is obliged to do, see Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009), the Court interprets Petitioner's letter as a request to stay this action pending exhaustion of his state-court remedies. See Rhines v. Weber, 544 U.S. 269, 271 (2005). Respondent is directed to respond to Petitioner's request on or before April 28, 2023, and address whether the Court should stay, rather than dismiss, Petitioner's mixed petition, how much time remains on the one-year statute of limitations imposed by the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), and whether the AEDPA's statute of limitations is currently tolled. Petitioner is directed to submit a reply, if any, on or before May 31, 2023. Pending the Court's decision on whether to stay this action, Respondent is relieved of the obligations to file and serve (1) an answer, motion, or other response to the petition, and (2) the transcripts and briefs identified in Rule 5(c) of the Rules Governing Section 2254 Cases in the United States District Courts, as directed by the Court's Order to Answer. Dkt. No. 5. SO ORDERED. (Signed by Judge Lewis J. Liman on 3/30/23) (yv)
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| Filing 11 LETTER from O. Martinez, re: I am requesting to withdraw my application and file at a later time to exhaust my state remedies. I had been given wrong information on filing my application. Document filed by Omar Martinez.(sc) |
| Filing 10 AMENDED PETITION, Re: amending #2 Petition for Writ of Habeas Corpus 2254 County of Conviction: Bronx against Mark T. Miller.Document filed by Omar Martinez. Related document: #2 Petition for Writ of Habeas Corpus.(sc) |
| Filing 9 LETTER from O. Martinez, dated 3/6/23 re: I would like to request to postpone or extend the time to exhaust my state remedies. Document filed by Omar Martinez.(sc) |
| Filing 8 NOTICE OF APPEARANCE by Emily Anne Aldridge on behalf of Mark T. Miller..(Aldridge, Emily) |
| Filing 7 NOTICE OF APPEARANCE by David M. Cohn on behalf of Mark T. Miller. (Attachments: #1 Affidavit Affidavit of Service).(Cohn, David) |
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Filing 6
INFORMATION PACKAGE MAILED to Omar Martinez, 16-A-0497, at Green Haven Correctional Facility, P.O. Box 4000, Stormville, NY 12582, on 2/22/2023 Re: #5 Order to Answer, 28 U.S.C. 2254. 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. (sha)
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Filing 5
ORDER TO ANSWER,28 U.S.C. 2254: Having determined that this petition under 28 U.S.C. 2254 should not be summarily dismissed, the Court hereby orders that: The Clerk of Court is directed to serve a copy of this order and the petition on the Attorney General of the State of New York and on the District Attorney of Bronx County by electronic means through the use of the court's CM/ECF system. Within sixty days of the date of this order, Respondent must file and serve (1) an answer, motion, or other response to the petition, and (2) the transcripts and briefs identified in Rule 5(c) of the Rules Governing Section 2254 Cases in the United States District Courts. Petitioner may file and serve any reply papers within thirty days from the date Petitioner is served with Respondent's answer. SO ORDERED. Mark T. Miller answer due on 4/24/2023. (Signed by Judge Lewis J. Liman on 2/21/2023) (va) Transmission to Pro Se Assistants for processing.
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| Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sac) |
| NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Unassigned is no longer assigned to the case. (sac) |
| MAILING RECEIPT: Document No: 3. Mailed to: Omar Martinez 16-A-0497 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582. (kh) |
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Filing 3
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 2/15/2023) (vn)
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| Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: Bronx. Document filed by Omar Martinez..(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Omar Martinez..(rdz) |
| Case Designated ECF. (rdz) |
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| Petitioner: Omar Martinez | |
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| Respondent: Superintendent Mark T. Miller | |
| Represented By: | Emily Anne Aldridge |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Represented By: | David M. Cohn |
| Represented By: | BRONX COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
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