Wallace v. Elmira CF

Filing 12

ORDER granting 5 Motion for Discovery and Ordered that Respondent shall file and serve upon Petitioner and the Court an Answer and a Memorandum of Law in Opposition, addressing each of the issues raised in the Amended Petition and including citati ons to relevant legal authority. Respondents Answer and Opposition Memorandum of Law are due forty-five (45) days from the date of entry of this Order. Petitioner shall have thirty (30) days from his receipt of Respondents Answer in which to file a R eply Memorandum of Law, should he elect to do so and Ordered that, in conjunction with his Answer, Respondent shall file all of the pertinent State court records from Petitioners State court criminal proceeding in accordance with Rule 4 of Rules Gov erning § 2254 Cases in the United States District Courts. Petitioners Motion for Discovery is granted to the extent that Respondent is directed to ensure that transcripts concerning the evidentiary hearing held in this matter before Hon. Francis A. Affronti, Monroe County Supreme Court on June 9, 2014, under indictment number 2099/97, are included in the state court records; and granting 8 Motion for Leave to Proceed in forma pauperis. Signed by Hon. Michael A. Telesca on 3/17/16. Copy of Order sent by first class mail to Plaintiff. (JMC)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
_____________________________________
RICHARD WALLACE,
No. 6:15-cv-06060(MAT)
ORDER

Petitioner,
-vsPAUL CHAPPIUS, Superintendent,
Respondent.
______________________________________

The pro se habeas Amended Petition (Dkt #7 (form § 2254
petition), #11 (completed signature pages)) of Richard Wallace
(“Petitioner”) is currently pending before this Court. Petitioner
has filed a Motion For Leave to Proceed In Forma Pauperis (Dkt #8)
and

a

Motion

For

Discovery

(Dkt

#5)

seeking

a

copy

of

the

transcripts concerning the evidentiary hearing held in this matter
before Hon. Francis A. Affronti, Monroe County Supreme Court on
June 9, 2014, under indictment number 2099/97. It is hereby
ORDERED that Petitioner’s Motion For Leave to Proceed In Forma
Pauperis (Dkt #8) is granted because Petitioner has sufficiently
demonstrated his indigence. It is further
ORDERED that Respondent shall file and serve upon Petitioner
and the Court an Answer and a Memorandum of Law in Opposition,
addressing each of the issues raised in the Amended Petition and
including
Answer

citations to

and

Opposition

relevant

legal

Memorandum

of

authority. Respondent’s
Law

are

due

forty-five

(45) days from the date of entry of this Order. Petitioner shall

have thirty (30) days from his receipt of Respondent’s Answer in
which to file a Reply Memorandum of Law, should he elect to do so.
It is further
ORDERED that, in conjunction with his Answer,
shall

file

all

of

the

pertinent

State

court

Respondent

records

from

Petitioner’s State court criminal proceeding in accordance with
Rule 4 of Rules Governing § 2254 Cases in the United States
District Courts. Petitioner’s Motion for Discovery is granted to
the extent that Respondent is directed to ensure that transcripts
concerning the evidentiary hearing held in this matter before Hon.
Francis A. Affronti, Monroe County Supreme Court on June 9, 2014,
under indictment number 2099/97, are included in the state court
records.
IT IS SO ORDERED.
S/Michael A. Telesca
_____________________________
HON. MICHAEL A. TELESCA
United States District Judge
Dated:

March 17, 2016
Rochester, New York.

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