Bonner v. Superintendent, Five Points Correctional Facility
| Harrell Bonner |
| United States of America and Superintendent, Five Points Correctional Facility |
| 6:2020cv06906 |
| October 29, 2020 |
| US District Court for the Western District of New York |
| Frank P Geraci |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on February 15, 2022. A more recent docket listing may be available from PACER.
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Filing 8
MOTION to Dismiss for failure to exhaust, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Stay answer if necessary by Superintendent, Five Points Correctional Facility. (Attachments: #1 Declaration, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Memorandum in Support, #6 Declaration declaration of service)(Maerov, Michelle)
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Filing 7
SCHEDULING ORDER granting #5 Motion for Extension of Time to Answer; granting #5 Motion for Clarification. Petitioner's #3 Memorandum of Law is construed to a supplement to #1 Petition and Petitioner's time to pay the filing fee is extended nunc pro tunc to 11/16/20. Respondent's answer regarding Petitioner seeking immediate release due to COVID-19 concerns due within 10 after the date of this Order. Respondent's answer regarding Petitioner seeking release based on his claims that he was wrongfully convicted due within 90 days after the date of this Order. Clerk shall electronically serve a copy of this Order to the attorney of record for Respondent and electronically serve a copy of #1 Petition, #3 Memorandum of Law and this Order to Donna Milling, Appeals-DAOffice@erie.gov, of the Office of the District Attorney of Erie County. Signed by Hon. Frank P. Geraci, Jr. on 12/4/20. (Attachments: #1 Petition, #2 Memorandum in Support) See Scheduling Order for complete details. Copy mailed to Petitioner. (JHF)
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Filing 6
AFFIDAVIT of Service for notice of appearance, motion for extension and clarification served on petitioner on December 1, 2020, filed by Superintendent, Five Points Correctional Facility. (Maerov, Michelle)
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Filing 5
MOTION for Extension of Time to File Answer or move to dismiss, MOTION clarification of order dated November 3, 2020 by Superintendent, Five Points Correctional Facility. (Attachments: #1 Declaration)(Maerov, Michelle)
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Filing 4
NOTICE of Appearance by Michelle E. Maerov on behalf of All Defendants (Maerov, Michelle)
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E-Filing Notification: per #2 order, Clerk converted action to Section 2254 petition and amended the case caption and replaced "United States of America" with "Superintendent, Five Points Correctional Facility" as respondent. (JHF)
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Filing 3
MEMORANDUM IN SUPPORT re #1 Petition for Writ of Habeas Corpus by Harrell Bonner. (Attachments: #1 Envelope) (JHF)
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Filing fee received: $5.00, receipt number ROC012574. (JHF)
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Filing 2
ORDER directing that if Petitioner wishes to withdraw his Motion without prejudice, he must inform the Court in writing by 11/13/20. If Petitioner fails to inform the Court that he wishes to withdraw his Motion, his Motion will be converted to a Section 2254 petition without further order or action by the Court and the Clerk shall amend the caption of this action to replace the United States of America with Superintendent, Five Points Correctional Facility, as Respondent. If Petitioner does not withdraw the Motion as directed, he must, by 11/13/20, either pay the full filing fee of $5.00 or submit a complete motion to proceed in forma pauperis with a completed and signed prison certification. Clerk shall electronically serve a copy of #1 the Motion together with a copy of this Order, via a Notice of Electronic Filing to Arlene Roces, Arlene.Roces@ag.ny.gov and Laura Lampert, Laura.Lampert@ag.ny.gov, of the Office of the Attorney General, Federal Habeas Unit; criminalappealshabaes@ag.ny.gov. Clerk shall forward to Petitioner with this Order a form application to proceed in forma pauperis. Signed by Hon. Frank P. Geraci, Jr. on 11/3/20. (Attachments: #1 Motion) Please see order for complete details. (JHF)
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Clerk mailed copy of #2 Order and a form application to proceed in forma pauperis with authorization form to pro se petitioner. (JHF)
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Filing 1
PETITION for Writ of Habeas Corpus, filed by Harrell Bonner. (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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