Cox v. Annucci
Petitioner: Mario Cox
Respondent: Anthony Annucci
Case Number: 1:2021cv01177
Filed: November 1, 2021
Court: US District Court for the Western District of New York
Presiding Judge: Lawrence J Vilardo
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 20, 2021 E-Filing Notification: #8 TEXT ORDER; petition added to entry to do e-service to Office of the Attorney General. (JLV)
December 17, 2021 Filing 8 TEXT ORDER granting the #7 Motion to Amend/Correct. The petitioner requests that this Court modify its prior order to reflect his allegation that the "state court proceeding (Article 78) was ineffective." Docket Item #7 at 1. Therefore, within 30 days of the date that this order is served upon the custodian of the records, the clerk of court or any other official having custody of the records of the petitioner's Article 78 proceedings in New York State Supreme Court, Orleans County, or the Appellate Division, Fourth Department, shall submit such records to the respondent or his attorney. The Clerk of the Court shall electronically serve a copy of the petition, together with a copy of this order, via a Notice of Electronic Filing to the Office of the Attorney General, Federal Habeas Unit, criminalappealshabeas@ag.ny.gov, Arlene Roces, Arlene.Roces@ag.ny.gov, and Laura Lampert, Laura.Lampert@ag.ny.gov. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/17/2021. (Chambers has mailed a copy of this text order to the pro se petitioner.) (WMH)-CLERK TO FOLLOW UP- (JLV).
December 6, 2021 Filing 7 MOTION to Amend/Correct #6 Order by Mario Cox. (CGJ)
November 23, 2021 Opinion or Order Filing 6 ORDER granting #4 Motion for Leave to Proceed in forma pauperis; 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 Michael Hillery, Appeals-DAOffice@erie.gov, or otherwise to the Office of the District Attorney of Erie County; THAT PETITIONER MUST FORWARD A COPY OF ALL FUTURE PAPERS AND CORRESPONDENCE TO THE ATTORNEY APPEARING FOR RESPONDENT. Signed by Hon. Lawrence J. Vilardo on 11/23/2021. (Attachments: #1 Petition) (JLV) Copy mailed to pro se petitioner.
November 22, 2021 Filing 5 Letter from Mario Cox, dated 11/18/2021, to Clerk. (JLV)
November 15, 2021 Filing 4 MOTION for Leave to Proceed in forma pauperis by Mario Cox. (JLV)
November 12, 2021 Filing 3 JUDGMENT in favor of Anthony Annucci against Mario Cox. Signed by Mary C. Loewenguth, Clerk of Court on 11/12/2021. (JLV) Copy mailed to pro se petitioner.
November 12, 2021 Opinion or Order Filing 2 ORDER that the Clerk of Court shall administratively terminate this action without prejudice and without filing the petition or assessing a filing fee; that the Clerk of Court shall send to the petitioner a form motion to proceed in forma pauperis; that if petitioner wishes to re-open this action, he shall so notify this Court, in writing, no later than thirty days from the date of this order; that petitioner's writing shall include either (a) the $5.00 filing fee or (b) a motion to proceed in forma pauperis that establishes his inability to pay fees and costs and that includes a completed and signed prison certification section; that upon petitioner's submission of either (a) the $5.00 filing fee or (b) a motion to proceed in forma pauperis, the Clerk of Court shall re-open this case. Signed by Hon. Lawrence J. Vilardo on 11/12/2021. (JLV) Copy mailed to pro se petitioner, along with an in forma pauperis motion and authorization.
November 1, 2021 Filing 1 PETITION for Writ of Habeas Corpus filed by Mario Cox. (JLV)
November 1, 2021 Petitioner has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, and a civil case timeline. (JLV)

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Petitioner: Mario Cox
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Respondent: Anthony Annucci
Represented By: Arlene Roces and Laura Lampert (e-service only)
Represented By: Michael Hillery (e-service)
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