Dukes v. Graham

Filing 4

ORDER re 1 Petition for Writ of Habeas Corpus filed by Robert Dukes. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on December 12, 2016. (APG) (A copy of this Order has been sent to Petitioner by Chambers staff). -CLERK TO FOLLOW UP- (Main Document 4 replaced on 12/14/2016) (APG).

PS/CD

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
___________________________________
ROBERT DUKES,
Petitioner,
-v-

16-CV-918(LJV)
ORDER

HAROLD GRAHAM,
Respondent.
___________________________________
INTRODUCTION
The petitioner, Robert Dukes, is an inmate in the Auburn Correctional Facility.
He has submitted to this Court a pro se petition for a writ of habeas corpus under 28
U.S.C. ' 2254, in which he alleges that his 2012 conviction in the Supreme Court of the
State of New York (Yates County) was in violation of the United States Constitution.
See Docket Item 1. Despite initially moving for permission to proceed in forma
pauperis, the petitioner since has paid the $5.00 filing fee. See Docket Item 2.
ORDER
IT HEREBY IS ORDERED that the petitioner’s request to proceed in forma
pauperis is denied as moot; and it is further
ORDERED that the respondent shall file and serve an answer to the petition no
later than 90 days from the date of this order, in accordance with Rules 4 and 5 of the
Rules Governing Section 2254 Cases in the United States District Courts. The answer
shall state whether a trial or any pre-trial or post-trial evidentiary proceeding was
conducted. If so, the respondent shall provide the Court with a transcript of the relevant

proceedings, together with any records and documents relating to them, so that the
materials can be filed in the official record of this case.
In addition to his answer, the respondent shall file and serve, within 90 days
from the date of this order, a memorandum of law addressing each of the issues
raised in the petition and including citations of supporting authority.
Within 30 days from the date this order is filed with the Clerk of Court, the
respondent may file a motion for a more definite statement or a motion to dismiss the
petition, accompanied by appropriate exhibits demonstrating that an answer to the
petition is unnecessary. The timely filing of such motion shall extend the time for filing
an answer by 14 days. This deadline will not extend beyond 14 days even if the Court
does not act on the respondent’s motion within that time; and it is further
ORDERED that within 30 days from the date this order is served on the
custodian of the records, any official having custody of the records of the proceedings
leading to the conviction in the New York State Supreme Court shall submit such
records to the respondent or his attorney.
Because the petitioner is appealing from a judgment of conviction, the
respondent must provide the Court with a copy of the briefs, the record on appeal, and
any opinions of the appellate courts so that such documents can be filed in the official
record of this case; and it is further
ORDERED that the petitioner shall have 30 days after his receipt of the
respondent’s answer or other pleading to file a written response; and it is further

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ORDERED 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 Donna Milling
<[e-mail]> of the Office of the District Attorney of Erie County.
THE PETITIONER MUST FORWARD A COPY OF ALL FUTURE PAPERS
AND CORRESPONDENCE TO THE ATTORNEY APPEARING FOR THE
RESPONDENT.

SO ORDERED.
DATED: December 12, 2016
Buffalo, NY
s/ Lawrence J. Vilardo
LAWRENCE J. VILARDO
UNITED STATES DISTRICT JUDGE

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