Phillips v. LaValley, No. 1:2010cv00997 - Document 9 (W.D.N.Y. 2011)

Court Description: ORDER granting request to proceed in forma pauperis; denying without prejudice as premature motion for appointment of counsel; Respondent to file answer and memorandum no later than 3/9/11; Petitioner shall have 30 days upon receipt of the answer to file a written response; within 30 days of the date this order is filed Respondent may file a motion for a more definite statement or a motion to dismiss; the Clerk of Court shall serve a copy of the petition, supplemental petition and this order by certified mail upon Respondent Supt. of Clinton Correctional Facility and upon Office of the Attorney General Federal Habeas Unit; a copy of this order shall also be sent to the District Attorney of Chautauqua County. Signed by Hon. Michael A. Telesca on 1/13/11. (SG)