Holloway v. Wolcott
| Alonzo Holloway |
| Julie Wolcott |
| 6:2020cv06329 |
| May 20, 2020 |
| US District Court for the Western District of New York |
| Frank P Geraci |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on July 9, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 JUDGMENT signed by Mary C. Loewenguth, Clerk of Court on 7/9/2020. (BK) |
| Filing 8 DECISION AND ORDER. Signed by Hon. Frank P. Geraci, Jr. on 7/8/2020. Respondents motion to dismiss for failure to exhaust state remedies, ECF No. 5, is GRANTED, and the Petition is dismissed without prejudice. (BK) |
| A copy of #8 Decision and Order and #9 Judgment have been mailed to the Petitioner at Orleans Correctional. (BK) |
| Copy of #7 Decision and Order and NEF mailed to Plaintiff, Alonzo Holloway on 6/18/2020. (LMD) |
| Filing 7 DECISION AND ORDER: For the reasons set forth in this Decision and Order: 1. Respondent's motion to convert the Petition is GRANTED. 2. If Petitioner wishes to withdraw the Petition without prejudice, he must inform the Court in writing no later than June 26, 2020. If he fails to so inform the Court, the Petition will be converted to a Section 2254 petition without further order or action by the Court. 3. If Petitioner fails to withdraw the Petition and it is converted to a Section 2254 petition, by July 3, 2020, Petitioner shall respond to Respondent's remaining argument in her motion to dismiss, i.e., that the Petition should be dismissed because Petitioner failed to exhaust state remedies. 4. Respondent's motion to dismiss is DENIED to the extent it seeks dismissal of the Petition on Section 1983 grounds. 5. The Court will not rule on that part of Respondent's motion to dismiss pertaining to Petitioner's alleged failure to exhaust under Section 2254 until Petitioner has an opportunity to respond to the motion. 6. Respondent's motion to stay the deadline to answer the Petition while the motion to dismiss is pending is GRANTED. 7. Petitioner's motion for a preliminary injunction and a temporary restraining order, ECF No. #2 , is DENIED. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 6/12/20. (BJJ) This Decision and Order and NEF will be mailed to pro se Petitioner. |
| Filing 6 Letter filed regarding recent WDNY decisions. (Maerov, Michelle) |
| Filing 5 MOTION convert 2241 petition to 2254 petition , MOTION to Dismiss for failure to exhaust, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Stay deadline to answer petition by Julie Wolcott. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Memorandum in Support, #6 declaration of service)(Maerov, Michelle) |
| Filing 4 NOTICE of Appearance by Michelle E. Maerov on behalf of All Defendants (Maerov, Michelle) |
| Filing 3 SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.). Signed by Hon. Frank P. Geraci, Jr. on 5/26/2020. Respondent shall file and serve an answer responding to the allegations in the Petition within 5 days of the date of this Order. In addition to an answer, Respondent shall file and serve, within 5 days of the date of this Order, a memorandum of law addressing each of the issues raised in the Petition, Motion for TRO, Motion for Order to Show Cause and preliminary injunction, including citations to supporting authority. Petitioner shall have 5 days after receiving the answer or other pleading to file a written reply. PETITIONER MUST FORWARD A COPY OF ALL FUTURE PAPERS AND CORRESPONDENCE TO THE ATTORNEY APPEARING FOR THE RESPONDENT. A copy of this order has been mailed to the Petitioner at Orleans Correctional. (Attachments: #1 Petition) (BK) |
| The Pro Se Packet including: the Privacy Notice, Consent to Proceed before a Magistrate Judge and the Civil Case Timeline have been mailed to the Plaintiff. (BK) |
| Filing 2 MOTION for Emergency Preliminary Injunction, MOTION for Order to Show Cause, MOTION for Temporary Restraining Order by Alonzo Holloway. (BK) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Alonzo Holloway. (BK) |
| 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. (BK) |
| Filing fee: $5.00, receipt number ROC012228. (BK) |
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| Petitioner: Alonzo Holloway | |
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| Respondent: Julie Wolcott | |
| Represented By: | Michelle E. Maerov |
| Represented By: | Arlene Roces and Laura Lampert (e-service only) |
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