Sell v. Conway
| David Sell |
| James T. Conway |
| 6:2010cv06182 |
| March 31, 2010 |
| US District Court for the Western District of New York |
| Rochester Office |
| David G. Larimer |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
34
-CLERK TO FOLLOW UP- DECISION AND ORDER denying David Sells petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254; and dismissing the petition (Docket #1. The Court declines to grant a certificate of appealability because it finds that Petitioner has failed to make a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). Signed by Hon. Michael A. Telesca on 6/16/14. (Clerk to close case.) (JMC)
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Filing
30
DECISION & ORDER Sell's "Motion to Supplement or for a Stay" 15 is denied. Sell's "Motion to Stay" 17 on the first, fourth and fifth grounds is denied. Sell's motion to stay the petition in order to exhaust cla ims related to the discovery of new evidence regarding witness Virgil Williams and claims related to the ineffective assistance of counsel 17 is denied without prejudice to renewal. Sell's motion to supplement the record and to conduct discove ry 26 granted in part and denied in part. It is Ordered, that if Sell wishes to re-file his motion for a stay so that he may exhaust claims related to Virgil Williams or the ineffective assistance of counsel, he must do so in accordance with the in structions above by no later than thirty days of his receipt of this Order. Sell is further advised that this Order in no way limits his ability to pursue any state court remedies that may be available to him with regard to his unexhausted claim or claims independent of his habeas petition. He is advised, however, that he must fulfill the conditions stated herein for amending his habeas petition so as to present any additional claims to this Court. It is further Ordered, that Sell must attach to his motion to amend a proposed amended petition that includes both the claims now raised in the petition and the new claims he seeks to exhaust and add to the instant habeas corpus petition. In addition to re-filing the motion for a stay, he must file concurrently and serve upon respondent a motion to amend the petition pursuant to Federal Rules of Civil Procedure 15 that addresses the "relation back" doctrine as set forth herein. Such motion to amend the petition must be filed at the same time as any motion for a stay and in no event later than thirty days of his receipt of this Order. Sell must serve respondent's counsel with the motion to amend the petition. It is further Ordered, that respondent shall have thirty da ys from the date of service of those pleadings to submit an opposing memorandum of law. Sell shall have twenty days from the date he receives respondent's opposition papers to submit a reply memorandum of law. It is further Ordered, that the Clerk of the Court is directed to send Sell a Form Petition For Habeas Corpus Relief Pursuant to 28 U.S.C. § 2254, which Sell should use for his proposed amended petition. Signed by Hon. Marian W. Payson on 3/30/2012. (KAH)
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Filing
28
DECISION & ORDER granting 25 Motion to vacate the transfer order. The Hon. Marian W. Payson will conduct all further proceedings in the case, including the final entry of judgment. Signed by Hon. Marian W. Payson on 11/4/2011. (KAH)
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| Petitioner: David Sell | |
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| Respondent: James T. Conway | |
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