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10-5989 - Scott v. Rock


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10-5989 - Scott v. Rock
January 30, 2013
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MEMORANDUM AND ORDER: Petitioner's motion to amend his Petition is granted to the extent of permitting amendment to add the "newly discovered evidence" claim raised in Petitioner's § 440 motion dated 2/10/2011. Petitioner shall not raise the Brady claim discussed in his July 14 Letter unless he first provides evidence to this Court to establish that he has exhausted that Brady claim in State court. Such evidence, if any, must be provided to the Court on or before 2/15/2013, and attached to a letter / motion seeking reconsideration of this Memorandum and Order. Unless Petitioner moves for reconsideration, Petitioner shall have until 3/1/2013, in which to file an Amended Petition. Respondent shall have until 3/29/2013, in which to file a response to that Petition, and Petitioner shall have until 4/15/2013, in which to file a reply. If Petitioner does not file an Amended Petition within the time allowed, this Court may proceed to adjudicate this action without further notice. Petitioner's 29 motion for stay and abeyance is denied without prejudice to renewing the motion. Petitioner's 25 motion for appointment of counsel is denied at this juncture. Petitioner's other motions are denied without prejudice. SO ORDERED by Judge Sandra L. Townes, on 1/24/2013. C/mailed to pro se Petitioner. (Latka-Mucha, Wieslawa)
January 10, 2017
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MEMORANDUM AND ORDER re 48 Second MOTION to Amend/Correct/Supplement Petition for Writ of Habeas Corpus. It is ORDERED that, on or before 2/10/2017, Respondent shall provide the Court with (1) notices of entry or other evidence establishing the dates on which Justice Dowling's decisions and orders denying Petitioner's § 440 motions were served on Petitioner and/or (2) supplemental briefing relating to question of when the 30-day period for seeking leave to appeal from the denial of a § 440.10 motion commences. If Respondent files supplemental submissions within the time provided, Petitioner shall have until 3/10/2017, in which to respond to those submissions. If the Court does not receive any supplemental submissions from Respondent by the close of business on 2/10/2017, it will grant Petitioner's application to file a third amended petition. Ordered by Judge Sandra L. Townes on 1/6/2017. C/M (Barrett, C)