Vose v. Neronha
Petitioner: Carlton Vose
Respondent: U.S. Attorney Peter Neronha
Case Number: 1:2023cv00084
Filed: February 27, 2023
Court: US District Court for the District of Rhode Island
Presiding Judge: Mary S McElroy
Referring Judge: Patricia A Sullivan
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 18, 2023 Filing 12 First MOTION for an Extension of Time to File Response/Reply filed by Carlton Vose. Responses due by 5/2/2023. (Vose, Carlton)
March 31, 2023 Filing 11 ADMINISTRATIVE RECORD filed by Peter Neronha NOTICE: In order to view this document, you must first log in using your CMECF Filer login.. (Attachments: #1 Appendix Ex. 1 State v. Vose Opinion SU-2020-0274-CA, #2 Appendix Ex. 2 Brief of Appellant Carlton Vose (SU-2020-0274-CA), #3 Appendix Ex. 3 Brief of Appellee State of Rhode Island (SU-2020-0274-CA), #4 Appendix Ex. 4 Reply Brief of Appellant Carlton Vose (SU-2020-0274-CA))(Ormonde, Mariana)
March 31, 2023 Filing 10 MOTION to Dismiss filed by Peter Neronha. Responses due by 4/14/2023. (Ormonde, Mariana)
March 22, 2023 Filing 9 AMENDED COMPLAINT FIRST against Peter Neronha, filed by Carlton Vose.(Vose, Carlton)
March 14, 2023 Filing 8 First MOTION maintain bail conditions filed by Carlton Vose. Responses due by 3/28/2023. (Attachments: #1 Exhibit bail order, #2 Exhibit appellant's brief, #3 Exhibit RISC opinion, #4 Exhibit victim impact)(Vose, Carlton)
March 14, 2023 Opinion or Order TEXT ORDER: The plaintiff has filed a petition pursuant to 28 U.S.C. 2254 challenging the constitutionality of his state court convictions for elder abuse. He asks this Court to stay any further proceedings in the state courts on not only those convictions, but also on two other pending state prosecutions. As this Court declared in denying his earlier request for intervention, a federal court may not interfere in an ongoing state court action and specifically may not enjoin them from proceeding, at least absent extraordinary circumstances, Younger v. Harris, 401 U.S. 37, 53 (1971), that are not present here. Regarding his petition for bail pending the adjudication of his 2254 petition, that also requires extraordinary circumstances that are not present here. Pelletier v. Rhode Island, No. 7-186 S, 2008 WL 2977790, at *2 (D.R.I. July 18, 2008), citing Glynn v. Donnelly, 470 F.2d 95, 98 (1st Cir. 1972). The Motion to stay State Court Proceedings (ECF No. #7 ) is DENIED. So Ordered by District Judge Mary S. McElroy on 3/14/2023. (Potter, Carrie)
March 10, 2023 Filing 7 Second MOTION to Stay State Court Proceedings filed by Carlton Vose. Responses due by 3/24/2023. (Attachments: #1 Exhibit declaratory judgment, #2 Exhibit memorandum of law, #3 Exhibit supplemental memo of law)(Vose, Carlton)
March 8, 2023 Filing 6 MOTION to Appoint Counsel filed by Carlton Vose. Responses due by 3/22/2023. (Vose, Carlton)
March 8, 2023 Filing 5 EXHIBIT IN SUPPORT by Carlton Vose in support of #1 PETITION for Writ of Habeas Corpus . (Attachments: #1 Exhibit state supreme court opinion, #2 Exhibit appellant's brief, #3 Exhibit trial transcript)(Vose, Carlton)
March 8, 2023 Opinion or Order TEXT ORDER: The State of Rhode Island is directed to respond to #1 Petition under 28 USC 2254 on or before April 7, 2023. So Ordered by District Judge Mary S. McElroy on 3/8/2023. (Potter, Carrie)
March 8, 2023 Opinion or Order TEXT ORDER granting #3 Motion for Leave to Proceed as Pro Se Electronic Filer. So Ordered by District Judge Mary S. McElroy on 3/8/2023. (Potter, Carrie)
March 7, 2023 Opinion or Order TEXT ORDER: The plaintiff is facing a scheduled advisement in the Rhode Island Superior Court that the appeal from his conviction on six counts of neglect of a severely impaired adult has been denied. The plaintiff has been free on bail pending the appeal. Complaining that the Superior Court has ignored his requests for an extension, he asks this Court to interfere by staying further state court proceedings until his petition filed pursuant to 28 U.S.C. 2254 has been heard on the merits. That petition challenges the constitutionality of his convictions. A federal court may not interfere in an ongoing state court action and specifically may not enjoin them from proceeding, at least absent extraordinary circumstances, that are not present here. Younger v. Harris, 401 U.S. 37, 53 (1971). Therefore, The Petitioners Emergency Motion to Stay State Court Proceedings (ECF No. #2 ) is DENIED. So Ordered by District Judge Mary S. McElroy on 3/7/2023. (Potter, Carrie)
March 1, 2023 Filing 4 NOTICE of Appearance by Mariana E. Ormonde on behalf of Peter Neronha (Ormonde, Mariana)
February 28, 2023 Filing 3 MOTION for Leave to Proceed as Pro Se Electronic Filer filed by Carlton Vose. (Kenny, Meghan)
February 27, 2023 Filing 2 Emergency MOTION to Stay State Court Proceedings filed by Carlton Vose. Responses due by 3/13/2023. (Kenny, Meghan)
February 27, 2023 Filing 1 Petition under 28 U.S.C. 2254, filed by Carlton Vose. (Attachments: #1 Civil Cover Sheet)(Kenny, Meghan)
February 27, 2023 $ 5.00, Receipt Number 14670027531 re #1 Petition filed by Carlton Vose. (Kenny, Meghan)

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Petitioner: Carlton Vose
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Respondent: U.S. Attorney Peter Neronha
Represented By: Christopher R. Bush
Represented By: Mariana E. Ormonde
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