Smothers v. Montagari
| Wayne Smothers |
| A. Montagari |
| 6:2023cv06012 |
| January 3, 2023 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
|---|
| Filing 6 Letter from Wayne Smothers, dated 2/8/23, to Justice. (TF) |
Filing 5
ORDER granting #4 Motion for Leave to Proceed in forma pauperis; 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; that Petitioner shall have 30 days after his receipt of Respondents answer or other pleading to file a written reply; 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 Michael Hillery. Signed by Hon. Elizabeth A. Wolford on 2/3/2023. (Attachments: #1 Petition) (TF)This was mailed to: Wayne Smothers.
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| Filing 4 MOTION for Leave to Proceed in forma pauperis by Wayne Smothers.(TF) |
| Filing 3 JUDGMENT administratively terminating this action. Signed by Clerk of Court on 1/18/2023. (TF)This was mailed to: Plaintiff Smothers. |
|
Filing 2
ORDER that the Clerk of Court shall administratively terminate the Petition without filing it or assessing a filing fee. Petitioner is granted leave to reopen this case, no later than 30 days from entry of this Order. The Clerk of Court is directed to send an in forma pauperis motion form to Petitioner. Signed by Hon. Elizabeth A. Wolford on 1/18/2023. (TF)This was mailed to: Plaintiff Smothers.
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by Wayne Smothers. (Attachments: #1 Civil Cover Sheet)(TF) (Main Document 1 replaced on 1/4/2023) (TF). (Attachment 1 replaced on 1/4/2023) (TF). |
| 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. Prisoner Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline mailed to plaintiff. (TF) |
| E-Filing Notification: re #1 PETITION - Main Document 1 and Attachment 1 replaced on 1/4/2023 due to error code when opening previous pdf (TF). |
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| Petitioner: Wayne Smothers | |
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| Respondent: A. Montagari | |
| Represented By: | Michael Hillery (e-service) |
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