Ayala-Gonzalez v. State of New York
| Abimael Ayala-Gonzalez |
| State of New York |
| 1:2021cv00177 |
| January 28, 2021 |
| US District Court for the Western District of New York |
| John L Sinatra |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 6
ORDER that within 90 days of the date of this order, Respondent shall file and serve an answer and memorandum of law; that Respondent may move for a more definite statement or move to dismiss the petition within 30 days of the date of this order; that within 30 days of the date this order is served upon the custodian of the records, the Clerk of Court, or any other official with custody of the records of the proceedings in the New York State Supreme Court, Erie County shall submit such records to the Respondent or Respondent's attorney; that if Petitioner previously appealed the judgment of conviction or an adverse judgment or order in a post-conviction proceeding, Respondent must provide the Court with a copy of the briefs, the record on appeal, and any opinions of the appellate courts; Petitioner shall have 30 days upon receipt of the answer or other pleading to file a written response; the Clerk of Court shall serve a copy of the petition and this order, electronically via a Notice of Electronic Filing to Donna Milling, Appeals-DAOffice@erie.gov, of the Office of the District Attorney of Erie County; that Petitioner's #5 Motion for Extension of Time to Pay the Filing Fee is denied as moot because the Court timely received the filing fee; THAT 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 3/4/2021. (Attachments: #1 Petition) (JLV) Copy mailed to pro se petitioner.
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| Filing fee received: $5.00, receipt number BUF071242. (JLV) |
| Filing 5 MOTION for Extension of Time to Pay $5.00 Filing Fee by Abimael Ayala-Gonzalez. (JLV) |
| Filing 4 JUDGMENT in favor of State of New York against Abimael Ayala-Gonzalez. Signed by Mary C. Loewenguth, Clerk of Court on 2/2/2021. (JLV) Copy mailed to pro se petitioner. |
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Filing 3
ORDER that the Clerk of Court shall administratively terminate this action, without filing the petition or assessing a filing fee; that the Clerk of Court shall send to Petitioner a motion to proceed in forma pauperis form; that if Petitioner wishes to reopen this action, he must notify the Court in writing, no later than March 4, 2021; that upon the Petitioner's submission of either (1) a motion to proceed in forma pauperis, or (2) the $5.00 filing fee, the Clerk of Court shall reopen the case. Signed by Hon. John L. Sinatra, Jr. on 2/2/2021. (JLV) Copy mailed to pro se petitioner with a form motion to proceed in forma pauperis.
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| Plaintiff has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, and a civil case timeline. (JLV) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Abimael Ayala-Gonzalez. (JLV) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Abimael Ayala-Gonzalez. (JLV) |
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| Petitioner: Abimael Ayala-Gonzalez | |
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| Respondent: State of New York | |
| Represented By: | Donna Milling (e-service) |
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