Nelson v. DOCCS
Petitioner: Willie Frank Nelson
Respondent: DOCCS and Department of Corrections
Case Number: 6:2019cv06540
Filed: July 19, 2019
Court: US District Court for the Western District of New York
Presiding Judge: David G Larimer
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 April 7, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 21, 2019 Filing 8 NOTICE re reopen case by Willie Frank Nelson (TF)
August 20, 2019 Opinion or Order Filing 7 ORDER granting #6 Motion for Leave to Proceed in forma pauperis. Respondent shall file and serve an answer responding to the allegations in the Petition within 90 days of the date of this Order. Petitioner shall have 30 days after his receipt of Respondent's answer or other pleading to file a written reply. The Clerk of Court shall electronically serve a copy of the Petition, together with a copy of this Order, via a Notice of electronic Filing to Alyson Gill, Alyson.Gill@ag.ny.gov, Arlene Roces, Arlene.Roces@ag.ny.gov, and Laura Stockmyer, laura.stockmyer@ag.ny.gov, of the Office of the Attorney General, Federal Habeas Unit. Signed by Hon. David G. Larimer on 8/14/19. (Attachments: #1 petition) (mailed a copy of this order to the petitioner)(TF)
August 5, 2019 Filing 6 MOTION for Leave to Proceed in forma pauperis by Willie Frank Nelson.(TF)
July 26, 2019 Filing 5 JUDGMENT administratively terminating this action without prejudice. Signed by Clerk of Court on 7/26/19. (mailed a copy of this judgment to petitioner)(TF)
July 25, 2019 Opinion or Order Filing 4 ORDER that the Clerk of Court shall administratively terminate the Petition without prejudice. Petitioner is granted leave to move to re-open, no later than thirty days from the date of this Order, by either (1) paying the filing fee ($5.00) or (2) submitting a motion to proceed in forma pauperis. Signed by Hon. David G. Larimer on 7/25/19. (mailed petitioner a copy of this order and a form motion to proceed in forma pauperis)(TF)
July 19, 2019 Filing 3 Case transferred in from District of New York Eastern; Case Number 1:19-cv-03969.
July 19, 2019 Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. Consent form and pro se packet mailed to plaintiff. (TF)
July 17, 2019 Opinion or Order Filing 2 TRANSFER ORDER: Because Petitioner challenges his Monroe County, New York conviction, the Western District of New York is a proper venue for this action, and the Court transfers this case to that district. Accordingly, the Court directs the Clerk of Court to transfer this action to the Western District of New York. The Court offers no opinion on the merits of this action and declines to decide Petitioner's pending IFP application, which is reserved for the transferee court. The Court waives the provision of Local Rule 83.1, which requires a seven-day stay. No summons shall issue from this Court. The Clerk of Court is directed to close this case. SO ORDERED by Judge Margo K. Brodie, on 7/17/2019. C/mailed. Case transferred electronically to the United States District Court for the Western District of New York via CM/ECF Extract Civil Case. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Latka-Mucha, Wieslawa) [Transferred from nyed on 7/19/2019.]
July 3, 2019 Filing 1 PETITION for Writ of Habeas Corpus , filed by Willie Frank Nelson. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) [Transferred from nyed on 7/19/2019.]

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Respondent: DOCCS
Represented By: Alyson Gill, Arlene Roces, Laura Stockmyer (e-service)
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Respondent: Department of Corrections
Represented By: Alyson Gill, Arlene Roces, Laura Stockmyer (e-service)
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Petitioner: Willie Frank Nelson
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