Bentley v. McCarthy
Petitioner: Robert Thomas Bentley
Respondent: Timothy McCarthy
Case Number: 6:2021cv06038
Filed: January 19, 2021
Court: US District Court for the Western District of New York
Presiding Judge: Elizabeth A Wolford
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 February 11, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 11, 2021 Filing 6 NOTICE of Appearance by Lisa Ellen Fleischmann on behalf of Timothy McCarthy (Fleischmann, Lisa)
February 5, 2021 Opinion or Order Filing 5 ORDER granting #4 Motion for Leave to Proceed in forma pauperis. Signed by Hon. Elizabeth A. Wolford on 2/5/2021. Respondent shall file and serve anAnswer 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 Respondentsanswer or other pleading to file a written reply. A copy of the Petition #1 and this order have been served electronically 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. PETITIONER MUST FORWARD A COPY OF ALL FUTURE PAPERS AND CORRESPONDENCE TO THE ATTORNEY APPEARING FOR RESPONDENT. A copy of this order has been mailed to the Petitioner at Auburn Correctional. (Attachments: #1 Petition) (BK)
February 4, 2021 Filing 4 MOTION for Leave to Proceed in forma pauperis by Robert Thomas Bentley. Plaintiff's address changed to: Robert Thomas Bentley, 15-B-3820, AUBURN CORRECTIONAL FACILITY, Box 618, Auburn, NY 13021 from envelope return address. (JHF)
January 25, 2021 Filing 3 JUDGMENT signed by Mary C. Loewenguth, Clerk of Court on 1/25/2021. A copy of this judgment has been mailed to the Petitioner at Cayuga Correctional. (BK)
January 22, 2021 Opinion or Order Filing 2 ORDER signed by Hon. Elizabeth A. Wolford on 1/22/2021. This action is administratively terminated. If Petitioner wishes to re-open this action, he shall so notify this Court, in writing, no later than thirty days from the date of this Order; Petitioners writing shall include either (1) a motion to proceed in forma pauperis that establishes his inability to pay fees and costs and that includes a completed and signed prison certification section, or (2) the $5.00 filing fee; and it is further ORDERED that upon Petitioners submission of either (1) a motion to proceed in forma pauperis, or (2) the $5.00 filing fee, the Clerk of Court shall re-open this case. A copy of this order and a blank IFP motion form have been mailed to the Petitioner at Cayuga Correctional. (BK)
January 19, 2021 Filing 1 PETITION for Writ of Habeas Corpus, filed by Robert Thomas Bentley. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Envelope) (BK)
January 19, 2021 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)
January 19, 2021 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 Petitioner. (BK)

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Petitioner: Robert Thomas Bentley
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Respondent: Timothy McCarthy
Represented By: Arlene Roces and Laura Lampert (e-service only)
Represented By: Lisa Ellen Fleischmann
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