Fellows v. Vermont
Petitioner: Frank W. Fellows
Respondent: State of Vermont
Case Number: 5:2017cv00187
Filed: September 20, 2017
Court: US District Court for the District of Vermont
Office: Rutland Office
County: Orleans
Presiding Judge: John M. Conroy
Presiding Judge: Geoffrey W. Crawford
Nature of Suit: General
Cause of Action: 28:2254
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
April 25, 2018 Opinion or Order Filing 18 OPINION AND ORDER Adopting 15 Report and Recommendation; dismissing 3 Motion for Writ of Habeas Corpus; granting in part and denying in part 5 Motion to Dismiss; denying 5 Motion to Require Petitioner to Establish Grounds for Stay and Abey ance. Pursuant to Fed. R. App. P. 22(b)(l) and 28 U.S.C. § 2253(c)(2), the court DENIES Petitioner a certificate of appealability in this matter because Petitioner has failed to make a substantial showing of the denial of a constitutional right. Signed by Chief Judge Geoffrey W. Crawford on 4/25/2018. (esb)
March 2, 2018 Opinion or Order Filing 15 REPORT AND RECOMMENDATION recommending that Respondents' 5 MOTION to Dismiss be granted in part, as follows: Petitioner's 3 PETITION for Writ of Habeas Corpus should be dismissed without prejudice as unexhausted, except with respect to his claims regarding the ineffectiveness of his PCR counsel and his Vermont Public Defender Act claims, which should be dismissed with prejudice. I also recommend that in light of these recommendations Respondent's 5 M OTION for Stay and Abeyance be denied. I further recommend that the Court refrain from issuing a certificate of appealability. ORDERED: That portion of Respondent's 5 Motion seeking to substitute the Commissioner of Corrections as th e proper Respondent is GRANTED. Regarding the remaining motions, Respondent's 7 MOTION for Extension of Time to File Answer is DENIED as moot; Petitioner's 9 MOTION for Order re: Recording of Vermont State Police and for Transcripts of P.C.R. Trial in Vt. Super. Ct. is DENIED as moot; and 14 MOTION for Telephone Status Conference is DENIED as moot. Objections to R&R due by 3/19/2018. Signed by Judge John M. Conroy on 3/2/2018. (hbc)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Vermont District Court's Electronic Court Filings (ECF) System

Search for this case: Fellows v. Vermont
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: Frank W. Fellows
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: State of Vermont
Represented By: Vincent A. Illuzzi, Esq.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?