Mitchell v. Superintendent
Petitioner: Miles S. Mitchell
Respondent: Superintendent
Case Number: 1:2020cv01189
Filed: September 2, 2020
Court: US District Court for the Western District of New York
Presiding Judge: John L Sinatra
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 13, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 13, 2020 Filing 10 Letter from Miles Mitchell dated 10/7/20. (JLV)
September 24, 2020 Pro Se Litigation Guidelines mailed to Plaintiff. (SG)
September 15, 2020 Filing 9 NOTICE of Appearance by Matthew B Keller on behalf of Superintendent (Keller, Matthew)
September 15, 2020 Filing 8 NOTICE of Change of Address by Miles S. Mitchell. (JLV)
September 4, 2020 Opinion or Order Filing 7 ORDER that within 90 days of the date of this order, Respondent shall file and serve an answer and memorandum of law; within 30 days of the date this Order is filed, Respondent may file a motion for a more definite statement or a motion to dismiss; Petitioner shall have 30 days upon receipt of the answer or other pleading to file a written response; within 30 days of the date of this order is served upon the custodian of records, the Clerk of Court, or any other official with custody of the records in NYS Supreme Court, Monroe County, shall submit records to Respondent; the Clerk of Court shall serve a copy of the petition and this order via Notice of Electronic Filing to Arlene Roces and Laura Lampert of the Office of the Attorney General, Federal Habeas Unit. Petitioner must forward a copy of all future papers and correspondence to the attorney appearing for Respondent. Signed by Hon. John L. Sinatra, Jr. on 9/4/2020. (Attachments: #1 Petition)(JLV) Copy mailed to pro se petitioner.
September 2, 2020 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)
September 2, 2020 Filing 6 Case transferred in from District of New York Northern; Case Number 9:20-cv-00927.
September 2, 2020 Filing 5 DECISION AND ORDER: It is ORDERED that this action is transferred to the United States District Court for the Western District of New York; and it is further ORDERED that the Clerk is directed to electronically transfer this action to the Clerk of the Western District of New York. The Court hereby waives the fourteen (14) day waiting period provided for in Local Rule 83.6; and it is further ORDERED that the Clerk serve a copy of this Decision and Order upon petitioner in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on September 1, 2020. (Copy served via regular mail on petitioner).(rep) [Transferred from nynd on 9/2/2020.]
August 28, 2020 Filing 4 TEXT ORDER REOPENING CASE: This action was administratively closed due to petitioner's failure to comply with the filing fee requirements, and petitioner was directed to respond to the Order if s/he wished to pursue this action. Petitioner has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by U.S. District Judge Mae A. D'Agostino on 8/28/2020. (Copy served via regular mail)(meb) [Transferred from nynd on 9/2/2020.]
August 28, 2020 Filing fee received: $5, receipt number SYR058002. (meb) [Transferred from nynd on 9/2/2020.]
August 18, 2020 Opinion or Order Filing 3 ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. It is hereby ORDERED that petitioner's IFP Application is DENIED as incomplete; and it is further ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further ORDERED that if petitioner wants to pursue this action, he must so notify the Court WITHIN THIRTY (30) DAYS of the filing date of this Order and either: (1) pay the court'sfiling fee of five dollars ($5.00); or (2) submit a completed and signed IFP Application that has been certified by an appropriate prison official at his facility; and it is further ORDERED that upon petitioner's compliance with this order, the Clerk shall reopen this action and forward it to the Court for review; and it is further ORDERED that the Clerk serve a copy of this Order on petitioner along with a blank IFP Application. Signed by U.S. District Judge Mae A. D'Agostino on August 17, 2020. (Copy served via regular mail on petitioner along with a blank IFP Application).(rep) [Transferred from nynd on 9/2/2020.]
August 14, 2020 Filing 2 MOTION: For Leave to Proceed in forma pauperis filed by Miles S. Mitchell. (Attachments: #1 Inmate Authorization)(rep) [Transferred from nynd on 9/2/2020.]
August 14, 2020 Filing 1 PETITION:For Writ of Habeas Corpus, filed by Miles S. Mitchell. (Attachments: #1 Mailing Envelope)(rep) [Transferred from nynd on 9/2/2020.]

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Respondent: Superintendent
Represented By: Matthew B Keller
Represented By: Arlene Roces and Laura Lampert (e-service only)
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Petitioner: Miles S. Mitchell
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