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08-1635 - Myers v. Okada

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08-1635 - Myers v. Okada
June 26, 2008
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MEMORANDUM AND ORDER: The time for respondent to serve a copy of its response on the petitioner is extended to July 14, 2008. Within 30 days of receipt of a copy of the response, August 13, 2008, petitioner shall file a reply, if any, with the Clerk of the Court. So Ordered. (Ordered by Judge Eric N. Vitaliano, on 6/23/2008) C/mailed. (Latka-Mucha, Wieslawa)
August 15, 2008
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MEMORANDUM AND ORDER, Because the gravamen of respondent's motion to dismiss is that this Court lacks subject matter jurisdiction, the Court declines to order production of the trial transcripts at this time since it is not necessary for the purpose of answering the motion. Myers is now required only to file his opposition to the respondent's motion challenging the Court's jurisdiction and he is granted an extension of time to 8/27/08 to do so. All other proceedings are stayed pending a resolution of that motion. (Ordered by Magistrate Judge Lois Bloom on 8/15/08) c/m (Galeano, Sonia)
September 12, 2008
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a, Wieslawa)MEMORANDUM AND ORDER: Scott Myers shall desist from sending the Court any documents not directly relevant to his pending petition for habeas corpus. Further, all original documents in this action shall be filed with the Court's Pro Se Department (718) 613-2665 located at 225 Cadman Plaza East, Room 118 South, Brooklyn, NY 11201, and shall not be copied to Chambers by mail or fax without prior authorization. So Ordered. (Ordered by Judge Eric N. Vitaliano, on 9/5/2008) C/mailed. (Latka-Much
October 23, 2008
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MEMORANDUM AND ORDER: The Court treats petitioner's 35 letter as a motion for reconsideration. Mr. Myers does not point to any controlling decisions or facts that the Court has overlooked, but rather reiterates the complaints submitted in his habeas petitition. In the absence of any new, relevant facts or law, there is no basis for the Court to reconsider its prior decision. Accordingly, the motion is denied. The Court certifies pursuant to 28 U.S.C. ยง 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. SO ORDERED. (Ordered by Judge Eric N. Vitaliano, on 10/23/2008) C/mailed. (Latka-Mucha, Wieslawa)