Agee v. Brandt
Petitioner: Ronell Agee
Respondent: J. Brandt
Case Number: 6:2010cv06303
Filed: June 4, 2010
Court: US District Court for the Western District of New York
Office: Rochester Office
County: Chemung
Presiding Judge: David G. Larimer
Nature of Suit: General
Cause of Action: 28:2254
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
August 26, 2011 Opinion or Order Filing 18 DECISION AND ORDER denying petition for writ of habeas corpus and dismissing the petition. Signed by Hon. Michael A. Telesca on 8/26/11. (JMC)
May 24, 2011 Opinion or Order Filing 16 ORDER denying without prejudice Agee's 15 Motion to Stay to re-filing upon a showing pursuant to Rhines, 544 U.S. at 277, that (1) there is good cause for petitioner's failure to exhaust the new claim or claims, (2) that the new claim or claims relate back to the claims originally pled in the petition and (3) that the new claims are not plainly meritless. Petitioner must set forth with specificity the factual and legal bases for the new, unexhausted claims he seeks to add to the inst ant habeas corpus proceeding. If Agee re-files his motion for a stay and abeyance, he must do so within 30 days of this Order. The re-filed motion must be served on Respondent's counsel.Nothing contained in this Order shall be considered to be a limitation on Agee's ability to pursue any state court remedies that may be available to him. FURTHER, to the extent Agee seeks to add a new claim or claims to the petition, he shall, in addition to re-filing the motion to hold the petition in abeyance, file with this Court and serve upon Respondent a motion to amend the petition which addresses the issue of timeliness of the new claim or claims and "relation back" pursuant to Mayle v. Felix, 545 U.S. 644, (2005). He shall also attach to said motion a proposed amended petition that raises both the claims now raised in the petition and the new claim or claims Agee needs to exhaust and then add to the instant habeas corpus proceeding.FURTHER, the Clerk of the Court shall for ward to petitioner a Form Petition For Habeas Corpus Relief Pursuant to 28 U.S.C. § 2254, which Petitioner may use for his proposed amended petition. Petitioner is advised that he may attach additional pages to the petition form to explain the exact nature of his claims. ***CLERK TO FOLLOW UP. Signed by Hon. David G. Larimer on 5/24/11. (EMA)
May 9, 2011 Opinion or Order Filing 14 ORDER denying plaintiff's 13 Motion for Reconsideration re 12 Order on Motion to Appoint Counsel. Signed by Hon. David G. Larimer on 5/9/11. (EMA)
July 7, 2010 Opinion or Order Filing 6 ORDER denying 5 Motion to Appoint Counsel ; denying 2 Motion to Appoint Counsel ; denying 3 Motion for Leave to Proceed in forma pauperis; respondent shall file an answer with memo of law to the petition no later than 8/13/2010; The clerk of Co urt shall serve a copy of the petition together with a copy of this order by certified mail upon respondent Supr. of Elmira Correctional Facility, AAG in Charge, Rochester, NY and to mail a copy of this order to the DA of Monroe County.. Signed by Hon. Charles J. Siragusa on 7/6/2010. (TO)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Western District Court's Electronic Court Filings (ECF) System

Search for this case: Agee v. Brandt
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: Ronell Agee
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: J. Brandt
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?