Decker v. Lilley
| New York Northern District Court | |
| Judge: | Mae A D'Agostino |
| Referred: | Therese Wiley Dancks |
| Case #: | 9:24-cv-00158 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | Feb 01, 2024 |
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| Docket last updated: 4 hours ago |
| Thursday, August 29, 2024 | ||
| 40 | 40
respoth
Response to Habeas Petition
Thu 08/29 12:28 PM
Petitioner's REPLY to Respondent's RESPONSE to1 Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 by David J. Decker. (Sleight, Karl) |
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| Tuesday, July 30, 2024 | ||
| 39 | 39
order
Order ~Util - Set Deadlines
Tue 07/30 11:32 AM
TEXT ORDER: Respondent answered the petition on 7/29/2024. Dkt. Nos35 ,36 ,37 ,38 . Petitioner may, but is not required to, file a reply on or before 8/29/2024. The reply must not exceed fifteen (15) pages in length, excluding exhibits. Petitioner is advised that the arguments contained in the reply shall be limited to addressing the arguments raised by the respondent. This Court will NOT consider any new grounds for relief or other legal theories asserted by petitioner in his reply that were not previously asserted by him in his petition. Authorized by Magistrate Judge Therese Wiley Dancks on 7/30/2024. (meb) |
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| Monday, July 29, 2024 | ||
| 38 | 38
misc
State Court Records filed
Mon 07/29 10:03 PM
State Court Records filed by Alfred Montegari.(Cieprisz, Margaret) |
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Att: 1
Pretrial Hearing,
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Att: 2
State Court Trial Transcripts 1/10,
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Att: 3
State Court Transcripts 2/10,
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Att: 4
State Court Transcripts 3/10,
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Att: 5
State Court Transcripts 4/10,
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Att: 6
State Court Transcripts 5/10,
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Att: 7
State Court Transcripts 6/10,
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Att: 8
State Court Transcripts 7/10,
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Att: 9
State Court Transcripts 8/10,
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Att: 10
State Court Transcripts 9/10,
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Att: 11
State Court Transcripts 10/10,
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Att: 12
Sentencing Transcript
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| 37 | 37
misc
State Court Records filed
Mon 07/29 9:36 PM
State Court Records filed by Alfred Montegari.(Cieprisz, Margaret) |
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Att: 1
State Court Record 1/8,
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Att: 2
State Court Record 2/8,
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Att: 3
State Court Record 3/8,
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Att: 4
State Court Record 4/8,
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Att: 5
State Court Record 5/8,
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Att: 6
State Court Record 6/8,
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Att: 7
State Court Record 7/8,
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Att: 8
State Court Record 8/8
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| 36 | 36
respoth
Response to Habeas Petition
Mon 07/29 6:06 PM
ANSWER IN RESPONSE to1 Petition for Writ of Habeas Corpus by Alfred Montegari. (Cieprisz, Margaret) |
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| 35 | 35
respoth
Response to Habeas Petition
Mon 07/29 6:05 PM
Memorandum of Law Supporting RESPONSE to1 Petition for Writ of Habeas Corpus by Alfred Montegari. (Cieprisz, Margaret) |
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| 34 | 34
order
Order on Letter Request
Mon 07/29 2:18 PM
TEXT ORDER granting respondent's request to file an oversized memorandum of law for the reasons stated. Dkt. No.33 . Respondent's brief shall not exceed 70 pages. Authorized by Magistrate Judge Therese Wiley Dancks on 7/29/2024. (meb) Modified on 7/29/2024 to removed the served via regular mail language (meb) |
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| Friday, July 26, 2024 | ||
| 33 | 33
motion
Letter Request/Motion
Fri 07/26 2:40 PM
Letter Motion from Margaret A. Cieprisz for Alfred Montegari requesting Permission to File Oversized Memorandum of Law in Response to Habeas Petition submitted to Judge Therese W. Dancks . (Cieprisz, Margaret) |
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| Tuesday, May 28, 2024 | ||
| 32 | 32
16
pgs
order
Order on Letter Request Order on Motion for Preliminary Injunction
Tue 05/28 4:31 PM
DECISION AND ORDER: It is ORDERED that petitioner's motion for release on bail, Dkt. No.17 , is DENIED; and it is further ORDERED that respondent's request for an extension, Dkt. No.30 , is GRANTED. Signed by U.S. District Judge Mae A. D'Agostino on 5/28/2024. (meb) |
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| Tuesday, May 21, 2024 | ||
| 31 | 31
motion
Letter Request/Motion
Tue 05/21 4:17 PM
Letter Motion from Karl Sleight for David J. Decker requesting the bail application deadline be maintained as previously ordered. submitted to Judge Therese Wiley Dancks . (Sleight, Karl) |
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| 30 | 30
motion
Letter Request/Motion
Tue 05/21 3:40 PM
First Letter Motion from Margaret A. Cieprisz for Alfred Montegari requesting Extension of Time to File Response to the Habeas Petition submitted to Judge Therese W. Dancks . (Cieprisz, Margaret) |
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| 29 | 29
notice
Notice of Appearance
Tue 05/21 1:30 PM
NOTICE OF APPEARANCE by Christian R. Flemming on behalf of David J. Decker (Flemming, Christian) |
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| Thursday, May 02, 2024 | ||
| 28 | 28
misc
Affidavit
Thu 05/02 4:18 PM
AFFIDAVIT re1 Petition for Writ of Habeas Corpus Supplemental Affirmation of Karl Sleight by David J. Decker.(Sleight, Karl) |
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Att: 1
Exhibit(s) A
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| Friday, April 19, 2024 | ||
| 27 | 27
respm
Reply to Response to Motion
Fri 04/19 5:58 PM
REPLY to Response to Motion re17 Motion for Preliminary Injunction, IN SUPPORT OF MOTION FOR HEARING TO SET BAIL filed by David J. Decker.(Sleight, Karl) |
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Att: 1
Affirmation,
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Att: 2
Exhibit(s) A to Affirmation,
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Att: 3
Exhibit(s) B to Affirmation
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| Wednesday, April 17, 2024 | ||
| 26 | 26
order
Order on Letter Request
Wed 04/17 8:50 AM
TEXT ORDER: Petitioner's pro bono counsel recently advised the Court that petitioner has been transferred from Green Haven Correctional Facility to Mohawk Correctional Facility and, consequently, requests to have the named respondent updated. Dkt. No.25 . The proper respondent in a habeas action brought pursuant to 28 U.S.C. § 2254 is the superintendent of the facility in which petitioner is incarcerated. See Rule 2(a), Rules Governing Section 2254 Cases in the United States District Courts & Advisory Notes. Accordingly, petitioner's motion is GRANTED and the Clerk is respectfully directed to update the docket sheet to reflect Alfred Montegari, Superintendent of Mohawk, as the proper respondent. Authorized by Magistrate Judge Therese Wiley Dancks on 4/17/2024. (meb) |
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| Tuesday, April 16, 2024 | ||
| 25 | 25
motion
Letter Request/Motion
Tue 04/16 9:34 AM
Letter Motion from Karl J. Sleight for David J. Decker requesting changing Respondent to ALFRED MONTEGARI, as Superintendent of the Mohawk Correctional Facility . (Sleight, Karl) |
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| Friday, April 12, 2024 | ||
| 24 | 24
respm
Affidavit in Opposition to Motion
Fri 04/12 3:00 PM
AFFIDAVIT in Opposition re17 MOTION for Preliminary Injunction filed by David J. Decker. filed by Mark Miller. (Cieprisz, Margaret) |
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| 23 | 23
27
pgs
respm
Memorandum of Law
Fri 04/12 2:57 PM
MEMORANDUM OF LAW re17 Motion for Preliminary Injunction, Response to Motion for Release filed by Mark Miller. (Cieprisz, Margaret) |
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| 22 | 22
order
Order on Motion to Seal
Fri 04/12 11:02 AM
TEXT ORDER. Petitioner's counseled motion to seal a series of medical records filed in support of the Petition is GRANTED. Dkt. No.21 . These documents contain sensitive personal health information related to petitioners medical history and treatment prior to his incarceration and, pursuant to his counsel's representations, are relevant to the claims raised in the instant action. Sealing these specific documents from the record represents the least restrictive means to satisfy the First Amendment and common law right of public access to court documents while also protecting the health information of the petitioner. Petitioner's counsel is directed to email the document to Judge Dancks' chambers at the appropriate email address pursuant to Local Rule 5.3 and section 8.2 of General Order 22. The submission shall remain sealed until further order of the Court. Authorized by Magistrate Judge Therese Wiley Dancks on 4/12/2024. (meb) |
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| Monday, April 08, 2024 | ||
| 21 | 21
misc
Medical Records filed
Mon 04/08 11:11 AM
Medical Records filed by David J. Decker. (Sleight, Karl) |
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| Wednesday, April 03, 2024 | ||
| 20 | 20
order
Order on Letter Request
Wed 04/03 3:11 PM
TEXT ORDER: Petitioner's pro bono counsel recently advised the Court that petitioner has been transferred from Eastern NY Correctional Facility to Green Haven Correctional Facility and, consequently, requests to have the named respondent updated. Dkt. No.19 . The proper respondent in a habeas action brought pursuant to 28 U.S.C. § 2254 is the superintendent of the facility in which petitioner is incarcerated. See Rule 2(a), Rules Governing Section 2254 Cases in the United States District Courts & Advisory Notes. Accordingly, petitioner's motion is GRANTED and the Clerk is respectfully directed to update the docket sheet to reflect Mark Miller, Superintendent of Greene Haven, as the proper respondent. Authorized by Magistrate Judge Therese Wiley Dancks on 4/3/2024. (meb) |
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| Tuesday, April 02, 2024 | ||
| 19 | 19
motion
Letter Request/Motion
Tue 04/02 9:37 AM
Letter Motion from Karl J. Sleight for David J. Decker requesting changing Respondent from Lynn Lilley, as Superintendent of the Eastern NY Correctional Facility to Mark Miller as Superintendent of the Green Haven Correctional Facility . (Sleight, Karl) |
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| Friday, March 29, 2024 | ||
| 18 | 18
order
Order Order Setting Hearing on Motion
Fri 03/29 9:30 PM
TEXT ORDER denying request for expedited briefing. On March 28, 2024, the Court received a motion for a preliminary injunction from Petitioner along with a request in which he asks the Court to issue an order to show cause to expedite consideration of his motion. See Dkt. No. 17. Specifically, Petitioner asks the Court to hear his motion on or around April 4, 2024. See Dkt. No. 17-1. Petitioner's request is denied. In his motion, Petitioner is asking the Court to grant him bail pending consideration of his petition for habeas corpus. The remedy that Petitioner seeks is only to be granted in cases whether the "habeas petition raise[s] substantial claims and that extraordinary circumstances exist[] that make the grant of bail necessary to make the habeas remedy effective." Grune v. Coughlin, 913 F.2d 41, 44 (2d Cir. 1990). While Petitioner may eventually be able to make this difficult showing, the Court is not inclined to rush consideration of this issue on such a truncated schedule. As such, the Court will provide the Attorney General's Office two weeks to respond to Petitioner's motion (4/12/24), and Petitioner will be provided one week thereafter to submit his reply (4/19/24). Unless otherwise ordered, no oral argument will be held. Although the Court typically addresses motions in the order in which they are received, the Court will expedite its review of Petitioner's motion. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 3/29/24. (ban) |
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notice
Notice of Hearing on Motion
Fri 03/29 8:49 AM
TEXT NOTICE on the #17 MOTION for Preliminary Injunction: Response to Motion due by 4/18/2024. Reply to Response to Motion due by 4/25/2024. (meb) |
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| Thursday, March 28, 2024 | ||
| 17 | 17
motion
Preliminary Injunction
Thu 03/28 1:22 PM
MOTION for Preliminary Injunction filed by David J. Decker. by David J. Decker.(Sleight, Karl) |
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Att: 1
Cover Letter,
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Att: 2
Affirmation,
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Att: 3
Exhibit(s) A to Affirmation,
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Att: 4
Exhibit(s) B to Affirmation,
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Att: 5
Exhibit(s) C to Affirmation,
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Att: 6
Exhibit(s) D to Affirmation,
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Att: 7
Exhibit(s) E to Affirmation,
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Att: 8
Exhibit(s) F to Affirmation,
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Att: 9
Exhibit(s) G to Affirmation,
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Att: 10
Memorandum of Law,
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Att: 11
Certificate of Service
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| Tuesday, March 05, 2024 | ||
| 16 | 16
notice
Notice of Appearance
Tue 03/05 11:08 AM
NOTICE OF APPEARANCE by Margaret A. Cieprisz on behalf of Lynn Lilley (Cieprisz, Margaret) |
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| Monday, February 26, 2024 | ||
| 15 | 15
5
pgs
order
Order on Habeas Corpus Petition 28USC2254
Mon 02/26 8:20 AM
DECISION AND ORDER: ORDERED that the Clerk serve copies of this Decision and Order and the petition upon respondent and the Attorney General of the State of New York in accordance with Section XIII, Rule 1.1(d) of the Local Rules. ORDERED that the respondent shall file and serve an answer to the petition, and provide the Court with the relevant records,3 within ninety (90) days of the date of this Decision and Order. ORDERED that petitioner may, but is not required to, file a reply within thirty (30) days of the filing date of respondent's answer. Signed by Magistrate Judge Therese Wiley Dancks on February 26, 2024.[response due by Lynn Lilley served on 2/26/2024, answer due 5/28/2024] (nas ) |
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Att: 1
petition
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| Thursday, February 22, 2024 | ||
| 14 | 14
misc
Sealed Document
Thu 02/22 11:50 AM
***SEALED DOCUMENT Letter enclosing Exhibit EE submitted by Attorney Sleight for Petitioner. (nas) |
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Att: 1
Exhibit EE,
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Att: 2
envelope
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| Friday, February 16, 2024 | ||
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misc
Filing Fee Received
Thu 02/22 11:44 AM
Filing fee: $ 5.00, receipt number 500001453 (nas ) |
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| Friday, February 09, 2024 | ||
| 13 | 13
4
pgs
order
Order on Letter Request
Fri 02/09 9:11 AM
DECISION AND ORDER: ORDERED that petitioner's motion to seal Exhibit "EE" is GRANTED, Dkt. No.2 at 1. ORDERED that petitioner's IFP application, Dkt. No. 2, is DENIED WITHOUT PREJUDICE. Petitioner must, within thirty (30) days of the filing date of this Decision and Order, either (1) pay the five dollar ($5.00) filing fee in full, or (2) submit an IFP application which has been completed and signed by him and which has been certified by an appropriateprison official. The Clerk is respectfully directed to provide petitioner with a blank IFP application for that purpose. ORDERED that in the event petitioner fails to timely comply with the requirements set forth in this Decision and Order and properly commence the instant action, this action will be dismissed without prejudice without further Order of this Court and the Clerk shall close the case. ORDERED that upon receipt of either petitioner's filing fee or his complete, certified IFP application, the Clerk shall forward the file to the Court for further review. Signed by U.S. District Judge Mae A. D'Agostino on February 9, 2024. {ddl is March 11, 2024}(nas) |
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Att: 1
blank ifp form
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| Tuesday, February 06, 2024 | ||
| 12 | 12
misc
Amended Document - NOT Motion
Tue 02/06 9:24 AM
State Court Records by David J. Decker. Exhibits RRR - WWW to Petition filed on February 1, 2024 .(Sleight, Karl) Modified on 2/6/2024 to reflect that these are state court records (meb) |
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Att: 1
Exhibit(s) Exhibit SSS to Petition,
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Att: 2
Exhibit(s) Exhibit TTT to Petition,
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Att: 3
Exhibit(s) Exhiibit UUU to Petition,
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Att: 4
Exhibit(s) Exhibit VVV to Petition,
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Att: 5
Exhibit(s) Exhibit WWW to Petition
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| Monday, February 05, 2024 | ||
| 11 | 11
misc
Amended Document - NOT Motion
Mon 02/05 4:23 PM
AMENDED DOCUMENT by David J. Decker. Exhibits KKK - QQQ to Petition filed on February 1, 2024 .(Sleight, Karl) |
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Att: 1
Exhibit LLL to Petition,
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Att: 2
Exhibit MMM to Petition,
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Att: 3
Exhiibit NNN to Petition,
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Att: 4
Exhibit OOO to Petition,
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Att: 5
Exhibit PPP to Petition,
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Att: 6
Exhibit QQQ to Petition
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| 10 | 10
misc
Amended Document - NOT Motion
Mon 02/05 4:03 PM
AMENDED DOCUMENT by David J. Decker. Exhibits AAA - JJJ to Petition filed on February 1, 2024 .(Sleight, Karl) |
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Att: 1
Exhibit(s) Exhibit BBB to Petition,
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Att: 2
Exhibit(s) Exhibit CCC to Petition,
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Att: 3
Exhibit(s) Exhibit DDD to Petition,
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Att: 4
Exhibit(s) Exhibit EEE to Petition,
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Att: 5
Exhibit(s) Exhibit FFF to Petition,
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Att: 6
Exhibit(s) Exhibit GGG to Petition,
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Att: 7
Exhibit(s) Exhibit HHH to Petition,
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Att: 8
Exhibit(s) Exhibit III to Petition,
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Att: 9
Exhibit(s) Exhibit JJJ to Petition
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| 9 | 9
misc
Amended Document - NOT Motion
Mon 02/05 3:57 PM
AMENDED DOCUMENT by David J. Decker. Exhibits SS - ZZ to Petition filed on February 1, 2024 .(Sleight, Karl) |
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Att: 1
Exhibit(s) Exhibit TT to Petition,
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Att: 2
Exhibit(s) Exhibit UU to Petition,
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Att: 3
Exhibit(s) Exhiibit VV to Petition,
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Att: 4
Exhibit(s) Exhibit WW to Petition,
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Att: 5
Exhibit(s) Exhibit XX to Petition,
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Att: 6
Exhibit(s) Exhibit YY to Petition,
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Att: 7
Exhibit(s) Exhibit ZZ to Petition
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| 8 | 8
misc
Amended Document - NOT Motion
Mon 02/05 3:50 PM
AMENDED DOCUMENT by David J. Decker. Exhibits II - RR to Petition filed on February 1, 2024 .(Sleight, Karl) |
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Att: 1
Exhibit(s) Exhibit JJ to Petition,
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Att: 2
Exhibit(s) Exhibit KK to Petition,
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Att: 3
Exhibit(s) Exhiibit LL to Petition,
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Att: 4
Exhibit(s) Exhibit MM to Petition,
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Att: 5
Exhibit(s) Exhibit NN to Petition,
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Att: 6
Exhibit(s) Exhibit OO to Petition,
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Att: 7
Exhibit(s) Exhibit PP to Petition,
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Att: 8
Exhibit(s) Exhibit QQ to Petition,
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Att: 9
Exhibit(s) Exhibit RR to Petition
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| 7 | 7
misc
Amended Document - NOT Motion
Mon 02/05 3:44 PM
AMENDED DOCUMENT by David J. Decker. Exhibits A A- HH to Petition filed on February 1, 2024 .(Sleight, Karl) |
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Att: 1
Exhibit(s) Exhibit BB to Petition,
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Att: 2
Exhibit(s) Exhibit CC to Petition,
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Att: 3
Exhibit(s) Exhiibit DD to Petition,
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Att: 4
Exhibit(s) Exhibit EE to Petition,
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Att: 5
Exhibit(s) Exhibit FF to Petition,
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Att: 6
Exhibit(s) Exhibit GG to Petition,
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Att: 7
Exhibit(s) Exhibit HH to Petition
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| 6 | 6
misc
Amended Document - NOT Motion
Mon 02/05 3:37 PM
AMENDED DOCUMENT by David J. Decker. Exhibits U - Z to Petition filed on February 1, 2024 .(Sleight, Karl) |
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Att: 1
Exhibit(s) Exhibit V to Petition,
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Att: 2
Exhibit(s) Exhibit W to Petition,
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Att: 3
Exhibit(s) Exhibit X to Petition,
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Att: 4
Exhibit(s) Exhibit Y to Petition,
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Att: 5
Exhibit(s) Exhibit Z to Petition
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| 5 | 5
misc
Amended Document - NOT Motion
Mon 02/05 3:22 PM
AMENDED DOCUMENT by David J. Decker. Exhibits N - T to Petition filed on February 1, 2024 .(Sleight, Karl) |
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Att: 1
Exhibit(s) Exhibit O to Petition,
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Att: 2
Exhibit(s) Exhibit P to Petition,
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Att: 3
Exhibit(s) Exhiibit Q to Petition,
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Att: 4
Exhibit(s) Exhibit R to Petition,
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Att: 5
Exhibit(s) Exhibit S to Petition,
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Att: 6
Exhibit T to Petition
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| 4 | 4
misc
Amended Document - NOT Motion
Mon 02/05 3:16 PM
AMENDED DOCUMENT by David J. Decker. Exhibits L - M-2 to Petition filed on February 1, 2024 .(Sleight, Karl) |
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Att: 1
Exhibit(s) M-1 Exhibit to Petition,
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Att: 2
Exhibit(s) M-2 Exhibit tp Petition
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| 3 | 3
misc
Amended Document - NOT Motion
Mon 02/05 2:36 PM
AMENDED DOCUMENT by David J. Decker. Exhibits A - K to Petition filed on February 1, 2024 .(Sleight, Karl) |
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Att: 1
Exhibit(s) Exhibit B to Petition,
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Att: 2
Exhibit(s) Exhbit C to Petition,
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Att: 3
Exhibit(s) Exhibit D to Petition,
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Att: 4
Exhibit(s) Exhibit E to Petition,
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Att: 5
Exhibit(s) Exhibit F to Petition,
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Att: 6
Exhibit(s) Exhibit G to Petition,
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Att: 7
Exhibit(s) Exhibit H to Petition,
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Att: 8
Exhibit(s) Exhibit I to Petition,
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Att: 9
Exhibit(s) Exhibit J to Petition,
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Att: 10
Exhibit(s) Exhibit K to Petition
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| Thursday, February 01, 2024 | ||
| 2 | 2
motion
Letter Request/Motion
Fri 02/02 2:01 PM
Letter Motion for IFP status and to file an exhibit under seal filed by David J. Decker. (meb) |
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| 1 | 1
cmp
Petition for Writ of Habeas Corpus
Fri 02/02 1:59 PM
PETITION for Writ of Habeas Corpus filed by David J. Decker.(meb) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Memorandum of Law
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