Montgomery v. Lempke

Montgomery v. Lempke

Petitioner:	Mitchell Montgomery
Respondent:	J. Lempke
Case Number:	1:2012cv01245
Filed:	December 17, 2012
Court:	US District Court for the Western District of New York
Office:	Buffalo Office
County:	Erie
Presiding Judge:	H. Kenneth Schroeder
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
January 22, 2013	Filing 6 ORDER that the petition is dismissed. Further, a certificate of appealability is denied and leave to appeal as a poor person is denied. Signed by Hon. Charles J. Siragusa on 1/17/13. (DZ)
January 2, 2013	Filing 4 ORDER granting 2 Motion for Leave to Proceed in forma pauperis; denying without prejudice 3 Motion to Appoint Counsel. Further, petitioner is directed to file a response to this order by 1/31/13. Further, if Petitioners section 2254 Timeliness Response Form is not filed by 1/31/13, the Clerk of Court is directed to dismiss the petition as an abuse of the writ of habeas corpus without further notice. Signed by Hon. William M. Skretny on 12/28/12. (DZ)

Date Filed

Document Text

January 22, 2013

Filing 6 ORDER that the petition is dismissed. Further, a certificate of appealability is denied and leave to appeal as a poor person is denied. Signed by Hon. Charles J. Siragusa on 1/17/13. (DZ)

January 2, 2013

Filing 4 ORDER granting 2 Motion for Leave to Proceed in forma pauperis; denying without prejudice 3 Motion to Appoint Counsel. Further, petitioner is directed to file a response to this order by 1/31/13. Further, if Petitioners section 2254 Timeliness Response Form is not filed by 1/31/13, the Clerk of Court is directed to dismiss the petition as an abuse of the writ of habeas corpus without further notice. Signed by Hon. William M. Skretny on 12/28/12. (DZ)

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Petitioner: Mitchell Montgomery
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Respondent: J. Lempke
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