Frady v. Bush et al
| Thomas V Frady |
| Christopher R. Bush and State of Rhode Island |
| Commissioner of Correction |
| 1:2022cv00270 |
| July 19, 2022 |
| US District Court for the District of Rhode Island |
| Lincoln D Almond |
| William E Smith |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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This docket was last retrieved on September 15, 2022. A more recent docket listing may be available from PACER.
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| Filing 20 JUDGMENT dismissing this civil action. So Entered by the Clerk of Court on 9/15/2022. (Urizandi, Nissheneyra) |
TEXT ORDER granting as unopposed Defendant's #19 Motion to Dismiss. So Ordered by District Judge William E. Smith on 9/15/2022. (Urizandi, Nissheneyra)
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TEXT ORDER directing the Petitioner to respond to #19 MOTION to Dismiss Petition for Writ of Habeas Corpus filed by Christopher R. Bush, State of Rhode Island, by September 12, 2022. So Ordered by District Judge William E. Smith on 9/6/2022. (Urizandi, Nissheneyra)
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| Filing 19 MOTION to Dismiss Petition for Writ of Habeas Corpus filed by Christopher R. Bush, State of Rhode Island. Responses due by 9/2/2022. (Attachments: #1 Exhibit Docket: K2-2019-0225A)(Bush, Christopher) |
| Filing 18 Mail Returned: Mail sent to Thomas Frady returned as undeliverable. (Simoncelli, Michael) |
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Filing 17
ORDER entered directing the State of Rhode Island to respond to the Plaintiff's #1 Petition for a Writ of Habeas Corpus. State of Rhode Island Response due by 8/19/2022. So Ordered by District Judge William E. Smith on 7/20/2022. (Urizandi, Nissheneyra)
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| Filing 16 Case transferred in from District of Connecticut; Case Number 3:22-cv-00219. Original file certified copy of transfer order and docket sheet received. NOTICE TO COUNSEL: Pursuant to LR Gen 201(b)(5), counsel who is a member in good standing of the bar of another federal district court is exempt from the requirements of bar membership, and may appear and practice in this Court for this case. Counsel is directed to register as an ECF Filing User in accordance with LR Gen 304(a) by completing the ECF Registration Form located under the CM/ECF Quick Link from our website. #http://www.rid.uscourts.gov |
| Docket Entry Correction re #15 Order: Replacement PDF (Order) attached. (Velez, F.) |
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Filing 15
Ruling and Order. The court transfers the petition for writ of habeas corpus to the Rhode Island Distric Court. Signed by Judge Alfred V. Covello on 06/21/2022.(Alexander, R.) (Additional attachment(s) added on 6/23/2022: #1 Replacement PDF) (Velez, F.).
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| Filing 14 MOTION to Intervene by Commissioner of Correction.Responses due by 6/6/2022 (Attachments: #1 Memorandum in Support)(Sulik, JoAnne) |
| Filing 13 Addendum by Thomas V Frady re #10 MOTION for Motion for Admission of Supplemental Addendum Order. (Alexander, R.) |
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Filing 12
ORDER granting #10 motion for admission of supplemental addendum. The clerk is instructed to docket the addendum to the petition for habeas corpus [#10-2], as a separate docket entry. Signed by Judge Alfred V. Covello on 03/09/22. (Covello, Alfred)
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Filing 11
ORDER denying #3 motion to appoint counsel; denying #6 motion to appoint counsel without prejudice. A petitioner does not have a constitutional right to counsel in a habeas petition filed in federal court to challenge a conviction or sentence. See Pennsylvania v. Finley, 481 U.S. 551, 555 (1987) ("We have never held that prisoners have a constitutional right to counsel when mounting collateral attacks upon their convictions,... and we decline to so hold today."). A district judge, however, has discretion to appoint counsel for a financially eligible habeas petitioner "whenever... the interests of justice so require." 18 U.S.C. 3600A(a)(2)(B). The governing rules require the appointment of counsel only when an evidentiary hearing is necessary. See Rule 8(c) of the Rules Governing Section 2254 Cases (applicable to section 2241 cases through Rule 1(b)). The court has reviewed the petition for writ of habeas corpus and at this juncture, cannot conclude that a hearing is likely to be necessary. Moreover, at this stage of the proceedings, justice does not require the appointment of counsel. The petitioner may file another motion for appointment of counsel at a later stage of the case. Signed by Judge Alfred V. Covello on 03/09/22. (Covello, Alfred)
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| Filing 10 Motion for Admission of Supplemental Addendum by Thomas V Frady. (Attachments: #1 Cover Sheet, #2 Addendum to Petition for Habeas Corpus)(Carr, Dave) |
| Set Deadlines/Hearings: Show Cause Response due by 5/16/2022. (Alexander, R.) |
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Filing 9
ORDER TO SHOW CAUSE. It is hereby ORDERED that the respondent show cause, on or before May 16, 2022, why the relief prayed for in the petition for writ of habeas corpus should not be granted. The clerk is hereby directed to mail a copy of this order and a copy of the petition and all attachments to Amy Bepko, by e-mail, on or before March 23, 2022. Signed by Judge Alfred V. Covello on 03/02/22. (Covello, Alfred)
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| Filing fee received from Thomas Frady: $ 5.00, receipt number CTHX00018820 (Mendez, D) |
| Filing 8 MOTION for Remand by Thomas V Frady. (Carr, Dave) |
| Filing 7 Addendum to Petition by Thomas V Frady (Carr, Dave) |
| Filing 6 MOTION to Appoint Counsel by Thomas V Frady. (Carr, Dave) |
| Filing 5 Notice to petitioner re: Insufficiency. You must submit the $5.00 filing fee or the attached IFP application sent to you via U.S. Mail. If insufficiency not corrected Dismissal due by 3/7/2022 Signed by Judge Thomas O. Farrish on 2/14/22.(Payton, R.) |
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Alfred V. Covello on 2/8/2022.(Carr, Dave)
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| Filing 3 PRISCS MOTION to Appoint Counsel by Thomas V Frady. (Carr, Dave) |
| Filing 2 PRISCS EXHIBITS by Thomas V Frady. (Carr, Dave) |
| Filing 1 PRISCS PETITION for Writ of Habeas Corpus, filed by Thomas V Frady.(Carr, Dave). |
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