Wallace v. Elmira CF

Filing 14

ORDER directing Respondent to 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 citations to relevant legal authority. Respondent&# 039;s 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 Reply 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 Governing § 2254 Cases in the United S tates District Courts. Petitioner's Motion for Discovery 5 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 Su preme Court on June 9, 2014, under indictment number 2099/97, are included in the state court records; and granting 8 Petitioner's Motion for Leave to Proceed in forma pauperis. Signed by Hon. Michael A. Telesca on 06/17/16. Copy of Order sent by first class mail to Plaintiff. (AFB) (Entered: 03/17/2016)(AFB). Scheduling deadlines in 12 Order dated 3/17/16 are terminated, and are reset as stated in 14 dated 6/17/16, because 12 Order was not served on Respondent or counsel for Respondent at the time it was filed. Modified on 6/17/2016 (AFB).

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, Respondent shall
file all of the pertinent State court 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:

June 17, 2016
Rochester, New York.

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