Richardson v. Wolcott
| New York Western District Court | |
| Judge: | Charles J Siragusa |
| Case #: | 6:20-cv-06178 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | Mar 24, 2020 |
| Re-opened: | Oct 21, 2020 |
| Terminated: | Aug 07, 2023 |
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| Docket last updated: 29 minutes ago |
| Monday, August 07, 2023 | ||
| 37 | 37
order
Judgment
Mon 08/07 9:12 AM
JUDGMENT in favor of Julie Wolcott against Adam L. Richardson. 2254 Petition is dismissed. Signed Mary C. Loewenguth, Clerk of Court on 8/7/2023. (LMD) |
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| Friday, August 04, 2023 | ||
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31
pgs
order
Order on Motion for Extension of Time to File Order on Motion to Compel Order on Motion for Summary Judgment Order on Motion to Strike Order on Motion for Miscellaneous Relief
Fri 08/04 10:49 AM
DECISION and ORDER granting19 Motion for Extension of Time to File; denying20 Motion to Compel; denying22 Motion for Summary Judgment; denying22 Motion to Strike; Denying Petition for Habeas Corpus1 . The application under 28 U.S.C. § 2254 is denied. Pursuant to 28 U.S.C. § 2253, the Court declines to issue a certificate of appealability, since Petitioner has not made a substantial showing of the denial of a constitutional right. The Court hereby certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith and leave to appeal to the Court of Appeals as a poor person is denied. Coppedge v. United States, 369 U.S. 438 (1962). Further requests to proceed on appeal in forma pauperis should be directed on motion to the United States Court of Appeals for the Second Circuit in accordance with Rule 24 of the Federal Rules of Appellate Procedure. The Clerk of the Court is directed to close this action. Signed by Hon. Charles J. Siragusa on 8/4/2023. (MJK) |
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| Thursday, July 13, 2023 | ||
| 35 | 35
misc
Letter-ProSe
Thu 07/13 12:05 PM
Letter from CJS, dated 7/13/2023, to Petitioner in response to Petitioner's letter requesting status update, indicating that the matters before the Court are briefed, and the Court will issue written decision at its earliest opportunity. (MJK) |
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| Wednesday, July 12, 2023 | ||
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utility
Remark
Wed 07/12 10:01 AM
Clerk mailed a copy of the docket sheet to Adam L. Richardson in response to his letter filed 7/11/23 [24} (LMD) |
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| Tuesday, July 11, 2023 | ||
| 34 | 34
misc
Letter-ProSe
Tue 07/11 4:45 PM
Letter from Adam L. Richardson, dated 7/6/2023, to Clerk of the U.S. District Court requesting Status update of his case and a copy of the docket sheet in this case. (LMD) |
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| Tuesday, December 13, 2022 | ||
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utility
Remark
Tue 12/13 9:26 AM
Clerk mailed Petitioner, Adam L. Richardson a copy of the docket in this case in response to his request for status update. (LMD) |
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| Monday, December 12, 2022 | ||
| 33 | 33
notice
Notice of Change of Address
Mon 12/12 4:50 PM
NOTICE of Change of Address by Adam L. Richardson and request for status of his case. (Clerk updated Petitioner's address per attached.) (LMD) |
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| Thursday, June 09, 2022 | ||
| 32 | 32
misc
Letter-ProSe
Thu 06/09 3:12 PM
Letter from Adam L. Richardson, dated 6/6/22, to Clerk. Clerk mailed copy of docket sheet tp petitioner. (JHF) |
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Att: 1
Envelope
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| Monday, June 06, 2022 | ||
| 31 | 31
respm
Response in Support of Motion
Tue 06/07 12:42 PM
FURTHER REPLY/RESPONSE in Support re22 MOTION for Summary Judgment MOTION to Strike MOTION for contempt filed by Adam L. Richardson. (RE) |
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| Monday, May 23, 2022 | ||
| 30 | 30
misc
Letter-ProSe
Mon 05/23 4:27 PM
Letter from Adam L. Richardson, dated 5/19/22. (RE) |
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| Thursday, May 19, 2022 | ||
| 29 | 29
service
Certificate of Service
Thu 05/19 12:58 PM
CERTIFICATE OF SERVICE by Julie Wolcott of Certified Transcript (Cieprisz, Margaret) |
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| Thursday, May 12, 2022 | ||
| 28 | 28
respm
Reply/Response
Thu 05/12 3:37 PM
REPLY/RESPONSE to re22 MOTION for Summary Judgment MOTION to Strike MOTION for contempt,27 Response in Opposition to Motion filed by Adam L. Richardson. (LMD) |
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| Wednesday, April 27, 2022 | ||
| 27 | 27
respm
Response in Opposition to Motion
Wed 04/27 2:53 PM
RESPONSE in Opposition re22 MOTION for Summary Judgment MOTION to Strike MOTION for contempt,20 MOTION to Compel filed by Julie Wolcott. (Cieprisz, Margaret) |
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| Monday, March 28, 2022 | ||
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2
pgs
order
Order
Mon 03/28 3:49 PM
ORDER re22 MOTION for Summary Judgment MOTION to Strike MOTION for contempt filed by Adam L. Richardson,19 MOTION for Extension of Time to File filed by Adam L. Richardson,21 Reply/Response filed by Adam L. Richardson,20 MOTION to Compel filed by Adam L. Richardson. ORDERED, that within thirty (30) days of the date of this Order Respondent shall respond to Petitioners motions and specifically address Petitioners contention that he has not been provided with a copy of the subject audio recording in a format usable by him (taking into account that Petitioner is a prison inmate) or a properly certified transcript thereof. Within fourteen (14) days thereafter Petitioner may file a reply. Signed by Hon. Charles J. Siragusa on 3/28/22. Copy of this NEF and order sent to pro se petitioner at Orleans.(KAP) |
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| Friday, July 23, 2021 | ||
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utility
Remark
Fri 07/23 2:56 PM
Clerk mailed a copy of the docket to Adam L. Richardson. (LMD) |
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| Monday, July 19, 2021 | ||
| 25 | 25
misc
Letter-ProSe
Fri 07/23 2:51 PM
Letter from Adam L. Richardson dated 7/14/2021 to Clerk of Court (LMD) |
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Att: 1
envelope
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| Friday, June 11, 2021 | ||
| 24 | 24
misc
Letter-ProSe
Mon 06/14 5:35 PM
Letter from Adam L. Richardson, dated 6/9/2021, to Hon. Charles J. Siragusa requesting the court grant his motion for summary judgment22 (LMD) |
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| Thursday, June 03, 2021 | ||
| 23 | 23
service
Certificate of Service
Thu 06/03 1:34 PM
CERTIFICATE OF SERVICE by Julie Wolcott of Transcript of Petitioner's Felony-Complaint Arraignment (Cieprisz, Margaret) |
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| Thursday, May 27, 2021 | ||
| 22 | 22
motion
Summary Judgment Strike Miscellaneous Relief
Thu 05/27 3:09 PM
MOTION for Summary Judgment, MOTION to hold respondent in contempt and MOTION to Strike Answer by Adam L. Richardson.(TF) |
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| Wednesday, May 19, 2021 | ||
| 21 | 21
respm
Reply/Response
Thu 05/20 10:25 AM
REPLY to16 Response to Habeas Petition filed by Adam L. Richardson. (BK) |
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Att: 1
Exhibits,
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Att: 2
Envelope
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| Wednesday, May 12, 2021 | ||
| 20 | 20
motion
Compel
Wed 05/12 3:17 PM
MOTION to Compel by Adam L. Richardson. (BK) |
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| Monday, May 03, 2021 | ||
| 19 | 19
motion
Extension of Time to File Document
Mon 05/03 1:44 PM
MOTION for Extension of Time to File by Adam L. Richardson. (BK) |
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| Thursday, April 15, 2021 | ||
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utility
Remark
Fri 04/16 1:32 PM
Received a manually filed disc17 containing state court records that cannot be filed through ECF. The disc is maintained in the Clerk's Office file room. (BK) |
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| Friday, April 09, 2021 | ||
| 18 | 18
service
Certificate of Service
Fri 04/09 4:41 PM
CERTIFICATE OF SERVICE by Julie Wolcott re15 Response to Habeas Petition,16 Response to Habeas Petition,17 Letter Notifying Court of Conventional Filing of Disk (Cieprisz, Margaret) |
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| 17 | 17
misc
Letter
Fri 04/09 4:40 PM
Letter filed Notifying Court of Conventional Filing of Disk . (Cieprisz, Margaret) |
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| 16 | 16
answer
Response to Habeas Petition
Fri 04/09 4:38 PM
Answer in RESPONSE to1 Petition for Writ of Habeas Corpus by Julie Wolcott.(Cieprisz, Margaret) |
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Att: 1
State Court Record Cover and TOC,
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Att: 2
State Court Record,
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Att: 3
State Court Transcripts
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| 15 | 15
answer
Response to Habeas Petition
Fri 04/09 4:36 PM
Memorandum of Law Supporting RESPONSE to1 Petition for Writ of Habeas Corpus by Julie Wolcott.(Cieprisz, Margaret) |
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| Monday, March 08, 2021 | ||
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pgs
order
Order ~Util - Update Answer Due Date
Mon 03/08 11:58 AM
LETTER ORDER granting respondent's request for extension of time. Answer due date updated as to Julie Wolcott answer due 4/9/2021. Signed by Hon. Charles J. Siragusa on 3/8/21. Copy of this NEF and letter order mailed to pro se petitioner at Orleans.(KAP) |
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| 13 | 13
motion
Extension of Time to File Answer
Mon 03/08 11:26 AM
Second MOTION for Extension of Time to File Answer re1 Petition for Writ of Habeas Corpus by Julie Wolcott.(Cieprisz, Margaret) |
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| Wednesday, January 20, 2021 | ||
| 12 | 12
order
Order on Motion for Extension of Time to Answer
Wed 01/20 1:51 PM
TEXT ORDER granting11 Motion for Extension of Time to Answer Julie Wolcott answer due 3/11/2021.. Signed by Hon. Charles J. Siragusa on 1/20/21. Copy of this NEF mailed to pro se petitioner at Orleans. (KAP) |
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| Tuesday, January 19, 2021 | ||
| 11 | 11
motion
Extension of Time to File Answer
Tue 01/19 4:37 PM
First MOTION for Extension of Time to File Answer re1 Petition for Writ of Habeas Corpus by Julie Wolcott.(Cieprisz, Margaret) |
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| Wednesday, October 28, 2020 | ||
| 10 | 10
notice
Notice of Appearance
Wed 10/28 9:18 AM
NOTICE of Appearance by Margaret Ann Cieprisz on behalf of Julie Wolcott (Cieprisz, Margaret) |
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| Tuesday, October 27, 2020 | ||
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utility
Remark
Tue 10/27 8:45 AM
Clerk emailed copy of1 Petition and9 Order to Arlene Roces, Laura Lampert and criminalappealshabaes@ag.ny.gov. (CGJ) |
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| Monday, October 26, 2020 | ||
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2
pgs
order
Order
Mon 10/26 1:40 PM
ORDER. IT IS HEREBY ORDERED, in accordance with Rules 4 and 5 of the Rules Governing § 2254 Cases in the United States District Courts, that Respondent shall file and serve an answer responding to the allegations in the Petition within 90 days of the date of this Order. The Answer shall state whether a trial or any pre-trial or post-trial evidentiary proceeding was conducted. If so, 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; and it is furtherORDERED that, in addition to his answer, Respondent shall file and serve, within 90 days of the date of this Order, a memorandum of law addressing each of the issues raised in the Petition and including citations to supporting authority; and it is furtherORDERED that within 30 days of the date this Order, 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; and it is furtherORDERED that within 30 days of the date this Order is served upon the custodian of the records, the Clerk of Court, or any other official having custody of the records of the proceedings in the Monroe County court of Monroe County, New York, leading to the conviction shall submit such records to Respondent or his attorney; and it is furtherORDERED that if Petitioner previously appealed the judgment of conviction or an adverse judgment or order in a post-conviction proceeding, 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 furtherORDERED that Petitioner shall have 30 days after his receipt of Respondents answer or other pleading to file a written reply; and it is furtherORDERED 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 Arlene Roces, Arlene.Roces@ag.ny.gov, Laura Lampert, Laura.Lampert@ag.ny.gov of the Office of the Attorney General, Federal Habeas Unit; criminalappealshabaes@ag.ny.gov.. Signed by Hon. Charles J. Siragusa on 10/26/20. Copy of this NEF and order mailed to pro se petitioner at Orleans. (KAP) |
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| Wednesday, October 21, 2020 | ||
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misc
Filing Fee Received
Wed 10/21 4:19 PM
Filing fee: $5.00, receipt number ROC012522. (BK) |
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| Tuesday, October 13, 2020 | ||
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order
Judgment
Tue 10/13 9:16 AM
JUDGMENT in favor of Julie Wolcott against Adam L. Richardson. Signed by Mary C. Loewenguth, Clerk of Court on 10/13/2020. (CGJ) |
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utility
Remark
Tue 10/13 9:17 AM
Clerk mailed copy of8 Judgment to petitioner. (CGJ) |
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| Friday, October 09, 2020 | ||
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2
pgs
order
Order
Fri 10/09 12:03 PM
CORRECTED ORDER. IT IS HEREBY ORDERED that Petitioners application to proceed in forma pauperis is hereby denied;FURTHER, that the Petitioner is granted forty-five (45) days to pay the $5.00 filing fee;FURTHER, that Clerk of Court shall administratively terminate this case, without filing the Petition, with the case to be reopened without further order should Petitioner pay the filing fee within forty-five (45) days of this order.Signed by Hon. Charles J. Siragusa on 10/9/20. Copy of this NEF and order mailed to pro se plaintiff at Orleans. (KAP) |
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| Thursday, October 08, 2020 | ||
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2
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Thu 10/08 3:19 PM
ORDER denying4 Motion for Leave to Proceed in forma pauperis. IT IS HEREBY ORDERED that Petitioners application to proceed in forma pauperis is hereby denied;FURTHER, that the Petitioner is granted forty-five (45) days to pay the $350.00 filing fee and $50.00 administrative fee ($400.00 total fees);FURTHER, that Clerk of Court shall administratively terminate this case, without filing the Petition, with the case to be reopened without further order should Petitioner pay the filing fee within forty-five (45) days of this order. Signed by Hon. Charles J. Siragusa on 10/8/20. Copy of this order and NEF mailed to pro se plaintiff at Orleans. (KAP) |
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| Wednesday, April 29, 2020 | ||
| 4 | 4
motion
Proceed In Forma Pauperis
Wed 04/29 3:18 PM
MOTION for Leave to Proceed in forma pauperis by Adam L. Richardson. (BK) |
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| Wednesday, April 22, 2020 | ||
| 3 | 3
order
Judgment
Wed 04/22 12:00 PM
JUDGMENT signed by Mary C. Loewenguth, Clerk of Court on 4/22/2020. (BK) |
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misc
Mail Returned
Wed 04/22 1:02 PM
Clerk mailed copy of3 Judgment sent to pro se petitioner. (JHF) |
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| Tuesday, April 21, 2020 | ||
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3
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order
Order
Tue 04/21 11:06 AM
ORDER. IT IS HEREBY ORDERED that the Clerk of Court shall administratively terminate this action without prejudice without filing the Petition or assessing a filing fee; and it is furtherORDERED that the Clerk of Court shall send to Petitioner a form motion to proceed in forma pauperis; and it is furtherORDERED that if Petitioner wishes to re-open this action, he shall so notify this Court, in writing, no later than thirty days from the date of this Order; Petitioners writing shall include either (1) a motion to proceed in forma pauperis that establishes his inability to pay fees and costs and that includes a completed and signed prison certification section, or (2) the $5.00 filing fee; and it is furtherORDERED that upon Petitioners submission of either (1) a motion to proceed in forma pauperis, or (2) the $5.00 filing fee, the Clerk of Court shall re-open this case.. Signed by Hon. Charles J. Siragusa on 4/21/20. CLERK OF THE COURT IS DIRECTED TO MAIL A COPY OF THIS NEF AND ORDER TO PRO SE PLAINTIFF AT ORLEANS.(KAP) |
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misc
Mail Returned
Tue 04/21 4:02 PM
Clerk mailed copy of2 Order and motion to proceed in forma pauperis form to pro se petitioner. (JHF) |
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| Tuesday, March 24, 2020 | ||
| 1 | 1
cmp
Petition for Writ of Habeas Corpus
Wed 03/25 2:57 PM
PETITION for Writ of Habeas Corpus, filed by Adam L. Richardson. (BK) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Envelope
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notice
Notice of Availability of Magistrate Judge
Wed 03/25 3:02 PM
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at[LINK:http://www.uscourts.gov/services-forms/forms] . (BK) |
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