Ward v. Wolcott
| Jeffrey Ward |
| Julie Wolcott |
| 1:2020cv00601 |
| May 20, 2020 |
| US District Court for the Western District of New York |
| John L Sinatra |
| Lawrence J Vilardo |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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This docket was last retrieved on June 17, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 TEXT ORDER re #8 : Petitioner requests that "civil case number 20-cv-601 be withdrawn without prejudice." See Dkt. #8 at 1. Petitioner states that he "do[es] not wish to have [his] current [28 U.S.C. 2241] petition... converted" to a 28 U.S.C. 2254 petition, and that he instead "wish[es] to have [his] petition withdrawn, so that [he] may file the proper petition to support [his] contentions pursuant to Article 70." The Court construes Petitioner's request as a motion to dismiss his habeas corpus proceedings under Fed. R. Civ. P. 41(a)(2). After reviewing Petitioner's request, and because Respondent will not be prejudiced by Petitioner's voluntary dismissal of the action, the Court grants #8 Petitioner's request to withdraw his petition. The #1 petition for writ of habeas corpus is dismissed without prejudice. The Clerk of Court is directed to close this case. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 6/17/2020. (A copy of this Text Order has been mailed to Petitioner by chambers.) (KLH)-CLERK TO FOLLOW UP- |
| Filing 8 MOTION to Withdraw by Jeffrey Ward. (CGJ) |
| Filing 7 MOTION to Dismiss for failure to exhaust, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION convert petition to 2254 , MOTION to Stay answer, if necessary by Julie Wolcott. (Attachments: #1 Declaration, #2 exhibit 1, #3 exhibit 2, #4 exhibit 3, #5 Memorandum in Support, #6 declaration of service)(Maerov, Michelle) |
| Filing 6 TEXT ORDER: Respondent's #5 Motion for Extension of Time to File Answer is GRANTED. By 6/5/2020, Respondents shall file and serve an answer and memorandum of law or a motion to dismiss the petition. Petitioner shall file a written response within 5 days of receiving Respondent's answer or motion. The Clerk of Court shall serve a copy of this text order on Petitioner. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 5/29/2020. (KLH) |
| Filing 5 First MOTION for Extension of Time to File Answer with declaration of service by Julie Wolcott.(Maerov, Michelle) |
| Filing 4 NOTICE of Appearance by Michelle E. Maerov on behalf of All Defendants (Maerov, Michelle) |
| Copy of Doc. No. 6 Text Order mailed to pro se petitioner. (JLV) |
Filing 3
ORDER re #1 Petition for Writ of Habeas Corpus. Within 5 days of the service of this order, Respondents shall file and serve an answer and memorandum of law or a motion to dismiss the petition; Petitioner shall have 5 days upon receipt of the answer or motion to file a written response; the Clerk of Court shall serve a copy of the petition and motion for a preliminary injunction and temporary restraining order (Dkt. 1), together with this order as directed. Signed by Hon. John L. Sinatra, Jr. on 5/27/2020. (Attachments: #1 Copy of Petition and motion for TRO and PI) A copy of this order has been mailed to Petitioner by chambers. (KLH)
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| Filing 2 TEXT ORDER REASSIGNING CASE. Case reassigned to Hon. John L. Sinatra, Jr. for all further proceedings. Hon. Lawrence J. Vilardo no longer assigned to case. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/26/2020. (Chambers mailed text order to pro se petitioner, Jeffrey Ward.) (CMD) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Jeffrey Ward. (CGJ) |
| Filing fee received: $5.00, receipt number ROC012229 (CGJ) |
| Remark: Petitioner has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, and a civil case timeline. (CGJ) |
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| Petitioner: Jeffrey Ward | |
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| Respondent: Julie Wolcott | |
| Represented By: | Michelle E. Maerov |
| Represented By: | Arlene Roces and Laura Lampert (e-service only) |
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