Case details

Court: nysd
Docket #: 1:07-cv-08073
Case Name: Farrell v. Ercole
PACER case #: 313225
Date filed: 2007-09-14
Date of last filing: 2008-09-03
Case Cause: 28:2254 Petition for Writ of Habeas Corpus (State)
Nature of Suit: Habeas Corpus (General)

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2007-09-14 1 0 Motion for Leave to Proceed in forma pauperis MOTION for Leave to Proceed in forma pauperis. Document filed by Dennis Farrell.(db)
2007-09-14 2 0 Petition for Writ of Habeas Corpus PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Dennis Farrell.(db)
2007-10-04 3 0 Order Referring Case to Magistrate Judge ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Habeas Corpus. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Loretta A. Preska on 10/2/07) (kco)
2007-10-23 4 0 Motion to Stay MOTION to Stay habeas corpus petition pending the result of this CPL section 440 motion in New York County Court before the Honorable John Cataldo. Attached is declaration in support. Document filed by Dennis Farrell.(djc)
2007-11-02 5 0 Order to Answer ORDER the Clerk of Court shall serve a copy of this Order and Petition, by certified mail, upon the Attorney General of the State of New York and the District Attorney of New York County, and shall also send a copy of this Order, by certified mail, upon Dennis Farrell. Respondent is directed to serve and file an answer or motion herein no later than December 12,2007. (Signed by Judge Henry B. Pitman on 10/25/2007) Copies Mailed By Chambers.(tve)
2007-11-16 6 0 Order on Motion to Stay ORDER granting [4] Motion to Stay re: [2] Petition for Writ of Habeas Corpus. The time for service of respondent's answer to the petition is adjourned without date. (Signed by Judge Henry B. Pitman on 11/15/2007) Copies mailed by chambers. (jar)
2008-02-21 7 0 Order ORDER: Petitioner's annexed letter application requesting a continuance of the stay in this matter until his petition for a writ of error coram nobis is resolved, is GRANTED. Petitioner is directed to advise my chambers promptly of the disposition of the petition. The time for service of respondent's answer to the petition continues to be adjourned without date. (Signed by Magistrate Judge Henry B. Pitman on 2/21/08) Copies Mailed By Chambers. (db) 2009-08-06 11:11:06 361a5dd8bba49c2fa197a36f62a0d489ee0e3fb5
2008-04-16 8 0 Order on Motion for Leave to Proceed in forma pauperis ORDER granting [1] Motion for Leave to Proceed in forma pauperis. (Signed by Judge Loretta A. Preska on 4/14/08) (dle)
2008-09-03 9 0 Endorsed Letter ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Dennis Farrell dated 8/22/08 re: As directed by Your Honor's order, dated 2/21/08, petitioner writes to advise the court that as of 8/15/08, the New York State Court of Appeals, Judge Eugene F. Pigott, Jr. denied petitioner's application for leave, pursuant to CPL 460.20, which addressed all issues presented to the Appellate Division in his writ of error coram nobis. That decision now concludes all available remedies in state court, and petitioner now wishes to amend his habeas petition to include all the meritorious issues which will be presented to the court during his habeas corpus proceeding. ENDORSEMENT: PETITIONER MAY MOVE TO AMEND HIS PETITION NO LATER THAN 10/17/08. (Signed by Magistrate Judge Henry B. Pitman on 9/2/08) (tro) 2009-08-06 11:11:18 abde72656cb51e812fe9f06d5b80aac9fbe4d307
2012-07-10 27 0 ORDER ADOPTING REPORT AND RECOMMENDATIONS for 21 Report and Recommendations, Upon review of Petitioner's objections, attached, and finding Judge Pitman1 s decisions on timeliness, procedural bars, and the merits to be correct and appropriate u pon de novo review, see Fed. R. Civ. P. 72{b), the Report and Recommendation is hereby adopted. Because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability shall not issue pursuant to 28 U.S.C. § 2553. Nor shall any certification pursuant to 28 U.S.C. § 1915(a)(3) be issued as any appeal from this decision would not be taken in good faith. See v. United States, 369 U.S. 438, 445 (1962).The Clerk of the Court shall mark this action closed and all pending motions denied as moot. (Signed by Judge Loretta A. Preska on 6/25/2012) (js) 2012-07-11 09:19:03 b2d59fc664da29e521dc909f6a1dbac7d8c105c8