Patterson v. The People of the State of New York
| Dakwan Patterson |
| The People of the State of New York |
| 6:2020cv06286 |
| May 1, 2020 |
| US District Court for the Western District of New York |
| Charles J Siragusa |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 3
DECISION AND ORDER granting #2 Motion for Leave to Proceed in forma pauperis.IT IS HEREBY ORDERED that Petitioners request to proceed in forma pauperis is granted; and it is further ORDERED in accordance with Rules 4 and 5 of the Rules Governing 2254 Cases in the United States District Courts, that Respondent shall file and serve an answer responding to the allegations in the Petition within 90 days of the date of this Order. The Answer shall state whether a trial or any pre-trial or post-trial evidentiary proceeding was conducted. If so, Respondent shall provide the Court with a transcript of the relevant proceedings, together with any records and documents relating to them, so that the materials can be filed in the official record of this case; and it is further ORDERED that, in addition to his answer, Respondent shall file and serve, within 90 days of the date of this Order, a memorandum of law addressing each of the issues raised in the Petition and including citations to supporting authority; and it is further ORDERED that within 30 days of the date this Order, Respondent may file a motion for a more definite statement or a motion to dismiss the Petition, accompanied by appropriate exhibits demonstrating that an answer to the Petition is unnecessary; and it is further ORDERED 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 having custody of the records of the proceedings in the county court of Monroe County, New York, leading to the conviction shall submit such records to Respondent or his attorney; and it is further ORDERED 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 so that such documents can be filed in the official record of this case; and it is further ORDERED that Petitioner shall have 30 days after his receipt of Respondents answer or other pleading to file a written reply; and it is further ORDERED that 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 Arlene Roces, Arlene.Roces@ag.ny.gov, Laura Lampert, Laura.Lampert@ag.ny.gov of the Office of the Attorney General, Federal Habeas Unit; criminalappealshabaes@ag.ny.gov. Signed by Hon. Charles J. Siragusa on 5/8/20. CLERK OF THE COURT IS DIRECTED TO MAIL A COPY OF THIS NEF AND ORDER TO PRO SE PETITIONER AT AUBURN. (KAP)-CLERK TO FOLLOW UP- (Main Document 3 replaced on 5/8/2020) (JHF).
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Clerk regenerated #1 Petition for Writ of Habeas Corpus and #3 Order to Arlene Roces and Laura Lampert of the Office of the Attorney General, Federal Habeas Unit. Copy of #3 Order mailed to pro se petitioner. (JHF)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Dakwan Patterson. (JHF)
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Filing 1
PETITION for Writ of Habeas Corpus, filed by Dakwan Patterson. (Attachments: #1 Civil Cover Sheet, #2 Envelope) (JHF)
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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. (JHF)
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Prisoner Pro Se Packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge and Civil Case Timeline mailed to petitioner. (JHF)
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| Respondent: The People of the State of New York | |
| Represented By: | Arlene Roces and Laura Lampert (e-service only) |
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| Petitioner: Dakwan Patterson | |
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