Case details

Court: nyed
Docket #: 1:97-cv-05239
Case Name: Walsh v. Walker
PACER case #: 158320
Date filed: 1997-09-10
Date terminated: 1999-07-01
Assigned to: Judge Allyne R. Ross
Case Cause: 28:2254 Petition for Writ of Habeas Corpus (State)
Nature of Suit: 530 Habeas Corpus (General)
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Michael Walsh
Petitioner
 
Michael Walsh
89-T-4084
135 State Street
Auburn, NY 13021
PRO SE
Supt. Hans Walker
Respondent
 
Vered Adoni
District Attorney's Office, Queens County
125-01 Queens Blvd.
Kew Gardens, NY 11415
(718) 286-5922
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
1997-09-10 1 0 MOTION by Michael Walsh to proceed in forma pauperis , (Chow, Alice) (Entered: 09/17/1997)
1997-09-10 2 0 PETITION for writ of habeas corpus; by Michael Walsh. (Chow, Alice) (Entered: 09/17/1997)
1997-09-29 3 0 ORDER dtd. on 9/22/97 granting [1-1] motion to proceed in forma pauperis. The Marshal is directed to serve the summons and complaint upon the deft. without prepayment of fees. (Signed by Judge Allyne R. Ross ). (Vasquez, Liz) Modified on 09/29/1997 (Entered: 09/29/1997)
1997-09-29 4 0 ORDER dtd. on 9/22/97 that petitioner is granted leave to proceed in forma pauperis; the Atty. General of the State of New York, or the District Atty. of Queens County, as atty. for respondents, show cause why a writ of habeas corpus should not be issued; within 20 days of receipt of this order. (Signed by Judge Allyne R. Ross ). Cert., copies mailed to Atty General State of New York & District Atty. of Queens County by FedEx#-5086453260; 5086453256. (Vasquez, Liz) Modified on 09/30/1997 (Entered: 09/29/1997)
1997-10-28 5 0 LETTER dated 10/10/97 from Robin A. Forshaw to Judge Ross, Requesting an extension of time, until 12/12/97 to file a response to the petition. (Piper, Francine) (Entered: 10/28/1997)
1997-12-16 6 0 ORDER granting an extension of time . Set answer due for 1/21/98 for Hans Walker. See ltr. from ADA Robin A. Forshaw to J. Ross. Mailed from chambers. ( signed by Judge Allyne R. Ross, dtd. 12.15.97.) (Glenn, Marilyn) (Entered: 12/16/1997)
1997-12-22 7 0 LETTER dated 12/16/97 from Deft Michael Walsh to Pro Se Clerk: regarding an extension to file an Answer in response to petitioner's petition. (Drayton, Lorraine) (Entered: 12/29/1997)
1998-01-21 8 0 AFFIDAVIT AND MEMORANDUM OF LAW by Robin Forshaw, counsel for Hans Walker Re: in Opposition to the [2-1] petition for a writ of habeas corpus. (Murphy, Margaret) (Entered: 01/22/1998)
1998-02-11 9 0 LETTER dated 2/8/98 from Michael Walsh, to Judge Ross, advising that he enclosed his application for appointment of counsel. (Murphy, Margaret) (Entered: 02/13/1998)
1998-02-11 10 0 MOTION by Michael Walsh for appointment of counsel . (Murphy, Margaret) (Entered: 02/13/1998)
1998-03-23 11 0 ORDER DENYING the [10-1] motion for appointment of counsel at this time. The court understands that petitioner has experienced some difficulty in responding to the opposition to his petition and hereby grants petitioner an additional 45 days from receipt of this Order to file papers responding to that opposition. ( signed by Judge Allyne R. Ross, dated 3/18/98 ) (Murphy, Margaret) (Entered: 03/23/1998)
1998-04-08 12 0 MOTION by Michael Walsh to withdraw [2-1] petition without prejudice with leave to file anew . No Motion hearing set. (Hunter, Tara) (Entered: 04/09/1998)
1998-04-23 13 0 ORDER DENYING the [12-1] motion to withdraw the [2-1] petition. ( signed by Judge Allyne R. Ross, dated 4/20/98 ) (Murphy, Margaret) (Entered: 04/23/1998)
1998-04-24 14 0 LETTER dated 4/20/98 from Michael Walsh, to Judge Ross, requesting that the court hold his habeas corpus petition in abeyance until a judgment can be rendered. (Murphy, Margaret) (Entered: 04/28/1998)
1998-06-25 15 0 LETTER dated 6.22.98 from Michael Walsh to Judge Ross writing to inform the Court "of the chain of events that has occured since (his) last transmission and request to have (his) petition held in abeyance". (Hunter, Tara) (Entered: 06/30/1998)
1998-07-24 16 0 LETTER dated 7.20.98 from Michael Walsh, to Aliza Silber, advising the court of the mishaps of Elmira Correctional Facility. (Murphy, Margaret) (Entered: 07/28/1998)
1998-07-29 17 0 LETTER dated 7.26.98 from Michael Walsh to Judge Ross writing to clarify his 6.22.98 letter. (Hunter, Tara) (Entered: 07/30/1998)
1998-08-10 18 0 LETTER dated 8/3/98 from First Deputy Superintendent to Jugde Ross, advising that this inmate is temporarily absent from this facility, and may not return in the immediate future. Mail will be held at this facility until the inmate's return. If correspondence requires a timely response from the inmate, by contacting the inmate Record Coordinator of this facility. (Drayton, Lorraine) (Entered: 08/10/1998)
1999-05-03 19 0 LETTER dated 4/26/99 from Michael Walsh, to Judge Ross, advising that he is providing the court with his work first before he sends it off to the Appellate Division Second Department. (Murphy, Margaret) (Entered: 05/07/1999)
1999-05-05 20 0 LETTER dated 5/1/99 from Michael Walsh, to Judge Ross, advising that he forgot to attach the enclosed document when he submitted his petition. (Murphy, Margaret) (Entered: 05/11/1999)
1999-05-05 21 0 MOTION by Michael Walsh for a writ of error coram nobis and appendix . (Murphy, Margaret) (Entered: 05/11/1999)
1999-05-11 22 0 LETTER dated 5.7.99 from Michael Walsh to Judge Ross advising the Court of an error he made. (Hunter, Tara) (Entered: 05/18/1999)
1999-06-04 23 0 LETTER dated 6.1.99 from Michael Walsh to Judge Ross writing regarding the preparation of his new writ of error exhibits. (Hunter, Tara) (Entered: 06/08/1999)
1999-05-20 24 0 LETTER dated 5.16.99 from Michael Walsh to Judge Ross advising the Court that he would "like to expand the statement of facts and procedural history in (his) writ of error". (Hunter, Tara) (Entered: 06/15/1999)
1999-06-21 25 0 LETTER dated 6.16.99 from Michael Walsh to Judge Ross requesting that his original writ of error be returned to him so that he may resubmit it with his memorandum of law. (Hunter, Tara) (Entered: 06/22/1999)
1999-06-29 26 0 OPINION and ORDER, that the [2-1] petition for a writ of habeas corpus is DENIED; a certificate of appealability is not warranted. (Signed by Judge Allyne R. Ross, on 6.28.99). Copies mailed by Chambers. Forwarded to Pro Se for a judgment. (Hunter, Tara) (Entered: 06/30/1999)
1999-07-01 27 0 JUDGMENT, the petition for a writ of habeas corpus is denied; and a certificate of appealability is denied. (Signed by Robert C. Heinemann on 7/1/99) c/m (appeals package mailed) , (Piper, Francine) (Entered: 07/01/1999)
1999-07-13 28 0 LETTER dated 7/8/99 from Michael Walsh, to Judge Ross, submitted in reference to the decision rendered on 6/28/99. (Murphy, Margaret) (Entered: 07/15/1999)
1999-07-23 29 0 OPINION AND ORDER that in this case, the petitioner has not presented the court with new arguments or facts, aside from a conclusory of actual innocence. As a result, petitioner's motion for reconsideration must be DENIED. ( signed by Judge Allyne R. Ross , on 7/21/99) c/m. (Murphy, Margaret) (Entered: 07/23/1999)
1999-08-04 30 0 Letter dtd 9/2/99 from Lynn Dobbs - USCA to Appeals Clerk re: the enclosed papers were sent here by petitioner on 8/4/99. It is being forwarded so that the material can be construed as a notice of appeal. (McGee, Maryann) (Entered: 09/10/1999)
1999-08-04 31 0 NOTICE OF APPEAL by Michael Walsh [27-1] judgment order, [26-1] order. No fee - IFP granted. Certificate of Appealability DENIED. Service made by Clerk. (McGee, Maryann) Modified on 09/15/1999 (Entered: 09/10/1999)
1999-09-23 32 0 Acknowledgment from USCA received record: [31-1] appeal. Acknowledgment signed by C.V. on 9/13/99. USCA#99-2507. (McGee, Maryann) (Entered: 09/24/1999)
2000-05-10 33 0 MANDATE OF USCA (certified copy) Re: [31-1] appeal. Appellant has filed, pro-se, motions for a certificate of appealability and appointment of counsel. Upon due consideration, it is ordered that the motions are denied and the appeal is dismissed. The appellant has not made a "substantial showing of the denial of a constitutional right." Issued as Mandate: 5/1/00. Judge Notified. Ackn. mailed. USCA# 99-2507. (Vasquez, Liz) (Entered: 05/10/2000)
2000-08-17 34 0 Appeal record returned from U.S. Court of Appeals Containing documents numbered 1-31. (Copy of this form returned to Fred Nunnery c/o Court of Appeals.) (Drayton, Lorraine) (Entered: 08/17/2000)