Clayton v. Capra
| Michael Capra |
| THOMAS S CLAYTON and Thomas S. Clayton |
| Michael S. Capra |
| 6:2022cv06416 |
| September 29, 2022 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on May 15, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 30 TEXT ORDER granting #29 consent Motion for Extension of Time. Respondent's brief in further support of his motion to dismiss (Dkt. 16) and in opposition to Petitioner's motion to amend (Dkt. 25) shall be due on or before June 21, 2023. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 05/15/2023. (CAL) |
| Filing 29 MOTION for Extension of Time to File Response/Reply by Michael S. Capra.(Hughes, Daniel) |
| E-Filing Notification: Clerk revised docket text of #24 , #25 , #26 , #27 and #28 to clarify the filing events. (JHF) |
| Filing 28 CONTINUATION OF EXHIBITS by Thomas S. Clayton to #25 MOTION to Amend. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Gutbezahl, John) Modified on 4/17/2023 (JHF). |
| Filing 27 CONTINUATION OF EXHIBITS by Thomas S. Clayton to #25 MOTION to Amend. (Attachments: #1 Exhibit, #2 Exhibit) (Gutbezahl, John) Modified on 4/17/2023 (JHF). |
| Filing 26 DECLARATION in Support of #19 Response in Opposition to Motion by Thomas S. Clayton. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Gutbezahl, John) Modified on 4/17/2023 (JHF). |
| Filing 25 MOTION to Amend #1 PETITION for Writ of Habeas Corpus by Thomas S. Clayton. (Attachments: #1 Exhibit, #2 Declaration) (Gutbezahl, John) Modified on 4/17/2023 (JHF). |
| Filing 24 DECLARATION in Support of #19 Response in Opposition to Motion, filed by Thomas S. Clayton. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Gutbezahl, John) Modified on 4/17/2023 (JHF). |
| Filing 23 TEXT ORDER granting #22 consent request to supplement response to Respondent's Motion to Dismiss (Dkt. 16) by April 15, 2023. April 15, 2023 falls on a Saturday, and therefore Petitioner shall supplement his response to Respondent's Motion to Dismiss on or before April 17, 2023. Respondent shall file any response to the supplement on or before May 17, 2023. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 03/28/2023. (CAL) |
| Filing 22 LETTER MOTION for Extension of Time to File Response/Reply, by Thomas S. Clayton. (Gutbezahl, John) Modified on 3/27/2023 (JHF). |
| E-Filing Notification: Clerk revised docket text of #22 to "MOTION for Extension of Time to File Response/Reply" to clarify the filing event. (JHF) |
| Filing 21 CONTINUATION OF EXHIBITS by Thomas S. Clayton. to #19 Response in Opposition to Motion, filed by Thomas S. Clayton. (Attachments: #1 Exhibit)(Gutbezahl, John) |
| Filing 20 CONTINUATION OF EXHIBITS by Thomas S. Clayton. to #19 Response in Opposition to Motion, filed by Thomas S. Clayton. (Attachments: #1 Exhibit)(Gutbezahl, John) |
| Filing 19 RESPONSE in Opposition re #16 MOTION to Dismiss filed by Thomas S. Clayton. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Gutbezahl, John) |
| Filing 18 TEXT ORDER denying as moot #17 Motion for Extension of Time. Per the Court's scheduling order issued on January 26, 2023 at Docket 15, Petitioner's response to the motion to dismiss shall be filed on or before March 13, 2023, and not on February 10, 2023. (See Dkt. 15 ("Petitioner shall file a response to any such motion on or before March 13, 2023.")). The March 13, 2023 response deadline remains in place. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 02/08/2023. (CAL) |
| Filing 17 First MOTION for Extension of Time to File Answer re #16 MOTION to Dismiss by Thomas S. Clayton.(Gutbezahl, John) |
| Filing 16 MOTION to Dismiss by Michael S. Capra. Responses due by 2/10/2023. (Attachments: #1 Memorandum in Support Memorandum of Law, #2 Exhibit State Record)(Hughes, Daniel) |
| Filing 15 TEXT ORDER granting unopposed #12 motion for extension of time. Respondent shall file any potential motion to dismiss on or before February 10, 2023. Petitioner shall file a response to any such motion on or before March 13, 2023. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/26/2023. (CAL) |
| Filing 14 Letter filed . (Gutbezahl, John) |
| Filing 13 TEXT ORDER re #12 Motion for Extension of Time. Petitioner shall file any opposition to the motion for an extension of time on or before the close of business today, January 26, 2023. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/26/2023. (CAL) |
| Filing 12 MOTION for Extension of Time to File Answer by Michael S. Capra.(Hughes, Daniel) |
| Filing 11 TEXT ORDER granting #10 unopposed motion for extension of time. Respondent shall file any potential motion to dismiss on or before January 27, 2023. Petitioner shall file a response to any such motion on or before March 10, 2023. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/10/2023. (CAL) |
| Filing 10 MOTION for Extension of Time to File Answer by Michael S. Capra.(Hughes, Daniel) |
| Filing 9 TEXT ORDER granting #8 consent request for extension of time. Respondent shall file any motion to dismiss on or before January 13, 2023. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/05/2022. (CAL) |
| Filing 8 MOTION for Extension of Time to File Response/Reply by Michael S. Capra.(Hughes, Daniel) |
| Filing 7 NOTICE of Appearance by Daniel Paul Hughes on behalf of Michael S. Capra (Hughes, Daniel) |
Filing 6
ORDER directing Respondent's answer and memorandum of law due within 90 days from the date of this order. Within 30 days this order served, the custodian of the court records in question shall submit such records to respondent. Petitioner shall have 30 days upon receipt of answer to file a response. Within 30 days of the date this order is filed, respondent may file a motion for a more definite statement or a motion to dismiss. Clerk shall serve a copy of #1 petition and this order electronically via a Notice of Electronic Filing to Arlene Roces and Laura Lampert of the Office of the Attorney General, Federal Habeas Unit. Signed by Hon. Elizabeth A. Wolford on 11/7/22. (Attachments: #1 Petition) Please note that Continuation of Exhibits (docket #'s 2-5) are not attached to this entry and should be accessed via PACER. (JHF)
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| Copy of #6 order and #1 Petition for Writ of Habeas Corpus served electronically via a Notice of Electronic Filing to Arlene Roces and Laura Lampert of the Office of the Attorney General, Federal Habeas Unit. (JHF) |
| 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. (TMK) |
| Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (TMK) |
| Filing 5 CONTINUATION OF EXHIBITS to #4 Continuation of Exhibits . (Attachments: #1 Appendix, #2 Appendix, #3 Appendix)(Gutbezahl, John) |
| Filing 4 CONTINUATION OF EXHIBITS to #2 Continuation of Exhibits, #3 Continuation of Exhibits . (Attachments: #1 Appendix, #2 Appendix, #3 Appendix)(Gutbezahl, John) |
| Filing 3 CONTINUATION OF EXHIBITS to #2 Continuation of Exhibits . (Attachments: #1 Appendix, #2 Appendix)(Gutbezahl, John) |
| Filing 2 CONTINUATION OF EXHIBITS to #1 Petition for Writ of Habeas Corpus . (Attachments: #1 Exhibit, #2 Exhibit)(Gutbezahl, John) |
| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $5.00, receipt number BNYWDC-4687022), filed by Thomas S. Clayton. (Attachments: #1 Appendix, #2 Appendix, #3 Civil Cover Sheet, #4 Supplement) (Gutbezahl, John) |
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