Sabo v. Noeth

Sabo v. Noeth

Petitioner:	Michael Sabo
Respondent:	Joseph H. Noeth
Case Number:	1:2017cv00820
Filed:	August 18, 2017
Court:	US District Court for the Western District of New York
Office:	Buffalo Office
County:	Wyoming
Presiding Judge:	Lawrence J. Vilardo
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
December 28, 2021	Filing 37 DECISION and ORDER ADOPTING REPORT AND RECOMMENDATIONS. Sabo's petition for a writ of habeas corpus is denied, and this matter is dismissed. The Court also certifies, pursuant to 28 U.S.C. § 2253(c)(2) that because the issues raised here ar e not the type of issues that a court could resolve in a different manner, and because these issues are not debatable among jurists of reason, the petitioner has failed to make a substantial showing of the denial of a constitutional right. Accordingl y, the Court denies a certificate of appealability. Sabo must file any notice of appeal with the Clerk's Office, United States District Court, Western District of New York, within 30 days of the date of judgment in this action. Signed by Hon. Lawrence J. Vilardo on 12/28/2021. (KM)
April 10, 2020	Filing 10 DECISION & ORDER denying the respondent's motion to change venue, Docket Item 5 . IT IS HEREBY ORDERED that the respondent shall file and serve an answer responding to the allegations in the petition within 30 days of the date of this order. The answer shall state whether a trial or any pre-trial or post-trial evidentiary proceeding was conducted. If so, the respondent shall provide the Court with a transcript of the relevant proceedings, together with any records and documents relating to them, so that the materials can be filed in the official record of this case; and it is further ORDERED that, in addition to his answer, the respondent shall file and serve, within 30 days of the date of this order, a memorandum of law address ing each of the issues raised in the petition and including citations to supporting authority; and it is further ORDERED that within 30 days of the date this order is served upon the custodian of the records, the Clerk of Court or any other offici al having custody of the records of the proceedings in New York State Supreme Court, Kings County, leading to the conviction shall submit such records to the respondent or his attorney; and it is further ORDERED that if the petitioner previously a ppealed the judgment of conviction or an adverse judgment or order in a post-conviction proceeding, the respondent must provide the Court with a copy of the briefs, the record on appeal, and any opinions of the appellate courts so that such documents can be filed in the official record of this case; and it is further ORDERED that the petitioner shall have 30 days after his receipt of the respondents answer or other pleading to file a written reply. Signed by Hon. Lawrence J. Vilardo on 4/10/2020. (RFI)

Date Filed

Document Text

December 28, 2021

Filing 37 DECISION and ORDER ADOPTING REPORT AND RECOMMENDATIONS. Sabo's petition for a writ of habeas corpus is denied, and this matter is dismissed. The Court also certifies, pursuant to 28 U.S.C. § 2253(c)(2) that because the issues raised here ar e not the type of issues that a court could resolve in a different manner, and because these issues are not debatable among jurists of reason, the petitioner has failed to make a substantial showing of the denial of a constitutional right. Accordingl y, the Court denies a certificate of appealability. Sabo must file any notice of appeal with the Clerk's Office, United States District Court, Western District of New York, within 30 days of the date of judgment in this action. Signed by Hon. Lawrence J. Vilardo on 12/28/2021. (KM)

April 10, 2020

Filing 10 DECISION & ORDER denying the respondent's motion to change venue, Docket Item 5 . IT IS HEREBY ORDERED that the respondent shall file and serve an answer responding to the allegations in the petition within 30 days of the date of this order. The answer shall state whether a trial or any pre-trial or post-trial evidentiary proceeding was conducted. If so, the respondent shall provide the Court with a transcript of the relevant proceedings, together with any records and documents relating to them, so that the materials can be filed in the official record of this case; and it is further ORDERED that, in addition to his answer, the respondent shall file and serve, within 30 days of the date of this order, a memorandum of law address ing each of the issues raised in the petition and including citations to supporting authority; and it is further ORDERED that within 30 days of the date this order is served upon the custodian of the records, the Clerk of Court or any other offici al having custody of the records of the proceedings in New York State Supreme Court, Kings County, leading to the conviction shall submit such records to the respondent or his attorney; and it is further ORDERED that if the petitioner previously a ppealed the judgment of conviction or an adverse judgment or order in a post-conviction proceeding, the respondent must provide the Court with a copy of the briefs, the record on appeal, and any opinions of the appellate courts so that such documents can be filed in the official record of this case; and it is further ORDERED that the petitioner shall have 30 days after his receipt of the respondents answer or other pleading to file a written reply. Signed by Hon. Lawrence J. Vilardo on 4/10/2020. (RFI)

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Petitioner: Michael Sabo
Represented By:	Erin McCampbell
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Respondent: Joseph H. Noeth
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