Bentley v. Superintendent, Green Haven Corr. Fac.
| Garfield D. Bentley |
| Superintendent, Green Haven Corr. Fac. |
| 7:2022cv03818 |
| May 9, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Philip M Halpern |
| Laura Taylor Swain |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on January 29, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| MAILING RECEIPT: Document No: 11. Mailed to: Garfield D. Bentley DIN:17A4340 594 Rt. 216 Stormville, NY 12582-0010. (dsh) |
Filing 11
MEMO ENDORSEMENT on re: #8 Letter, filed by Garfield D. Bentley. ENDORSEMENT: The Court construes this letter as an application for the Court to request pro bono counsel. Respondent is directed to respond by 5:00 p.m. on July 8, 2022 --by letter filed via ECF and served on Petitioner, with proof of service --to the application set forth in Petitioner's June 22, 2021 letter. SO ORDERED. (Signed by Judge Philip M. Halpern on 7/1/2022) (kv)
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| Set/Reset Deadlines: Responses due by 7/8/2022 (kv) |
| Filing 10 LETTER from G. Bentley, dated 6/26/22 re: I write to the Court because I need an update on my case. I had written to the Court to tell them to hold my case (22cv03818), because I have a 440.16 in the Orange County Court. Please send me a copy of the instructions to file a Complaint. Document filed by Garfield D. Bentley.(sc) |
| Request for Copies Docket Sheet and Instructions filing Complaing, Received: Re #10 Letter. Request for Docket Report, copy of instructions for filing Complaint from G. Bentley received on 6/30/22. Transmission to Pro Se Assistants for processing. (sc) |
| Filing 9 LETTER from Garfield D. Bentley dated 6/26/2022 re: Please be advised I write you because I need update on my case...can you send me a copy of instructions for filing complaint!!!. Document filed by Garfield D. Bentley. (ok) |
| Request for Copies/Transcripts/Docket Sheet Received: Re #9 Letter. Request for Docket Report, Instructions for Filing a Complaint from Garfield D. Bentley received on 6/30/2022. Transmission to Pro Se Assistants for processing. (ok) |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet, Instructions for Filing a Complaint, Complaint Form to Garfield D. Bentley, DIN: 17A4340 at Green Haven Correctional Facility, 594 Rt. 216, Stormville, NY 12582-0010 on 6/30/2022. (sha) |
| Filing 8 LETTER from G. Bentley, dated 6/15/22 re: I write to the Court because I need an attorney etc. I cannot do my legal work in the SHU. Please hold my case because I still have a 440.10 motion in the Orange County Court. Document filed by Garfield D. Bentley.(sc) Modified on 6/23/2022 (sc). |
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Filing 7
INFORMATION PACKAGE MAILED to Garfield D. Bentley, DIN: 17A4340, at Green Haven Correctional Facility, 594 Rt. 216, Stormville, NY 12582-0010, on 6/2/2022 Re: #6 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 6
ORDER TO ANSWER: 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 Orange County by electronic means through the use of the court's CM/ECF system. Within sixty (60) 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 (30) days from the date Petitioner is served with Respondent's answer. SO ORDERED. Superintendent, Green Haven Corr. Fac. answer due on 8/1/2022. (Signed by Judge Philip M. Halpern on 5/31/2022) (jca) Transmission to Pro Se Assistants for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Philip M. Halpern. Judge Laura Taylor Swain is no longer assigned to the case. (vba) |
| Magistrate Judge Judith C. McCarthy is so redesignated. (vba) |
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Filing 4
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 5/26/22) (rdz)
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| Filing 3 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Garfield D. Bentley.(sc) |
| MAILING RECEIPT: Document No: 2. Mailed to: Garfield D. Bentley DIN:17A4340 594 Rt. 216 Stormville, NY 12582-0010. (dsh) |
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Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 6/10/2022. In Forma Pauperis (IFP) Application due by 6/10/2022. (Signed by Judge Laura Taylor Swain on 5/11/2022) (Attachments: #1 IFP application) (asg)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: Orange. Document filed by Garfield D. Bentley. (sac) |
| Case Designated ECF. (sac) |
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| Petitioner: Garfield D. Bentley | |
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| Respondent: Superintendent, Green Haven Corr. Fac. | |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Represented By: | ORANGE COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
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