Schmiege v. NYSDOCCS
| Brian E. Schmiege |
| NYSDOCCS |
| 1:2022cv00849 |
| November 7, 2022 |
| US District Court for the Western District of New York |
| Lawrence J Vilardo |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on July 24, 2023. A more recent docket listing may be available from PACER.
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Filing 6
TEXT ORDER granting the respondent's motion for an extension of time, Docket Item 5. The time for the respondent to move to dismiss the petition is extended until 2/15/2023. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/6/2022. (WMH)This was mailed to: the petitioner.
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Filing 5
First MOTION for Extension of Time to File motion to dismiss, with declaration of service, by NYSDOCCS.(Maerov, Michelle)
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Filing 4
NOTICE of Appearance by Michelle E. Maerov on behalf of All Defendants (Maerov, Michelle)
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Filing 3
ORDER granting #2 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, Niagara 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 Arlene Roces, Arlene.Roces@ag.ny.gov; Laura Lampert, Laura.Lampert@ag.ny.gov; and criminalappealshabeas@ag.ny.gov, of the Office of the Attorney General; 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 11/17/2022. (Attachments: #1 Petition) (JLV)This was mailed to: Brian E. Schmiege.
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Brian E. Schmiege. (TMK)
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Filing 1
PETITION for Writ of Habeas Corpus, filed by Brian E. Schmiege. (Attachments: #1 Envelope, #2 Civil Cover Sheet) (TMK)
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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. (TMK)
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| Petitioner: Brian E. Schmiege | |
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| Respondent: NYSDOCCS | |
| Represented By: | Arlene Roces and Laura Lampert (e-service only) |
| Represented By: | Michelle E. Maerov |
| Represented By: | United States Attorney's Office (e-service) |
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