Gonzalez v. Lempke

Gonzalez v. Lempke

Petitioner:	Raymond Gonzalez
Respondent:	John B. Lempke
Case Number:	6:2009cv06423
Filed:	August 20, 2009
Court:	US District Court for the Western District of New York
Office:	Rochester Office
County:	Seneca
Presiding Judge:	Charles J. Siragusa
Nature of Suit:	None
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
September 7, 2010	Filing 20 DECISION AND ORDER granting 7 Motion to Dismiss. Accordingly, Petitioners application for a writ of habeas corpus is denied, and the petition is dismissed. The Court hereby certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from th is Order would not be taken in good faith and leave to appeal to the Court of Appeals as a poor person is denied. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Further requests to proceed on appeal in forma pauperis should be directed on motion to the United States Court of Appeals for the Second Circuit in accordance with Rule 24 of the Federal Rules of Appellate Procedure.Signed by Hon. Charles J. Siragusa on 9/2/10. (KAP)
January 20, 2010	Filing 16 DECISION AND ORDER granting Respondents motion (Docket No. 11) for an extension of time to file an answer. Respondents answer is due within thirty days of the Courts decision on the pending motion to dismiss. Petitioners motion (Docket No. 14) to app oint counsel is denied and his motion (Docket No. 15) for an extension of time to file a response to Respondents motion to dismiss, is granted. Petitioner shall have until February 15, 2010, to file a response. After that date, the Court will take th e case under advisement and render a decision on the motion to dismiss, regardless of whether Petitioner has filed a response. The Clerk is directed to send Petitioner a copy of the motion to dismiss (Docket No. 7), the memorandum of law in support (Docket No. 8) and the declaration of John B. Lempke (Docket No. 9), as well as a copy of the docket sheet in this case.. Signed by Hon. Charles J. Siragusa on 1/15/10.CLERK OF COURT TO FOLLOW UP. (KAP)

Date Filed

Document Text

September 7, 2010

Filing 20 DECISION AND ORDER granting 7 Motion to Dismiss. Accordingly, Petitioners application for a writ of habeas corpus is denied, and the petition is dismissed. The Court hereby certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from th is Order would not be taken in good faith and leave to appeal to the Court of Appeals as a poor person is denied. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Further requests to proceed on appeal in forma pauperis should be directed on motion to the United States Court of Appeals for the Second Circuit in accordance with Rule 24 of the Federal Rules of Appellate Procedure.Signed by Hon. Charles J. Siragusa on 9/2/10. (KAP)

January 20, 2010

Filing 16 DECISION AND ORDER granting Respondents motion (Docket No. 11) for an extension of time to file an answer. Respondents answer is due within thirty days of the Courts decision on the pending motion to dismiss. Petitioners motion (Docket No. 14) to app oint counsel is denied and his motion (Docket No. 15) for an extension of time to file a response to Respondents motion to dismiss, is granted. Petitioner shall have until February 15, 2010, to file a response. After that date, the Court will take th e case under advisement and render a decision on the motion to dismiss, regardless of whether Petitioner has filed a response. The Clerk is directed to send Petitioner a copy of the motion to dismiss (Docket No. 7), the memorandum of law in support (Docket No. 8) and the declaration of John B. Lempke (Docket No. 9), as well as a copy of the docket sheet in this case.. Signed by Hon. Charles J. Siragusa on 1/15/10.CLERK OF COURT TO FOLLOW UP. (KAP)

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Petitioner: Raymond Gonzalez
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Respondent: John B. Lempke
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