Hopkins v. Young

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 1:09-cv-00901
District Judge Anthony J Trenga, presiding
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District Judge Anthony J Trenga
Last Updated December 5, 2018 at 4:34 PM EST (7.2 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Andre Fidel Hopkins, Petitioner

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Andre Fidel Hopkins
v.
No Logo Commonwealth of Virginia, Respondent

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Stephen Michael Hall +1 804 360 5079 stevehall2003@gmail.com

Represented by Commonwealth of Virginia

Name Phone Fax E-Mail
Space Commonwealth of Virginia

Represented by Duane Morris LLP

Name Phone Fax E-Mail
Space Harvey W. Gurland +1 305 960 2200 +1 305 397 1874 hwgurland@duanemorris.com
Space MICHAEL M. MUSTOKOFF +1 215 979 1810 +1 215 979 1020 mmustokoff@duanemorris.com

Represented by Gary M. Farmer, Jr., P.A

Name Phone Fax E-Mail
Space Gary Michael Farmer, Jr. +1 954 524 2820 +1 954 524 2822 gary@pathtojustice.com

Represented by Generally Admitted

Name Phone Fax E-Mail
Space Christopher F. Cueto +1 618 277 1554 +1 618 277 0982 ccueto@cuetolaw.com

Represented by henrico.us Law Firm Placeholder

Name Phone Fax E-Mail
Space John David McChesney +1 804 501 4342 +1 804 501 4140 mcc121@henrico.us

Represented by hereticklaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Stephen Edward Heretick +1 757 397 9923 Steve@Hereticklaw.com

Represented by Hirst Law Group

Name Phone Fax E-Mail
Space Michael Andrew Hirst +1 916 443 6100 +1 916 443 6700 michael.hirst@hirstlawgroup.com

Represented by HUNTON ANDREWS KURTH LLP

Name Phone Fax E-Mail
Space Stuart A. Raphael +1 202 419 2021 +1 202 828 3728 sraphael@huntonAK.com

Represented by John Allen Yanchunis , Sr.

Name Phone Fax E-Mail
Space John Allen Yanchunis, Sr.

Represented by Joseph, Greenwald & Laake, PA

Name Phone Fax E-Mail
Space Veronica B. Nannis +3 010 220 2200 +1 301 220 1214 vnannis@jgllaw.com

Represented by Kendall Law Group PLLC

Name Phone Fax E-Mail
Space Elton Joe Kendall +1 214 744 3000 +1 214 744 3015 jkendall@kendalllawgroup.com
Space Jamie J. McKey +1 214 744 3000 +1 214 744 3015 jmckey@kendalllawgroup.com

Represented by Law Office of Jason S. Landgraf

Name Phone Fax E-Mail
Space Erin Kristen McCarthy +1 850 414 3864 +1 850 410 0179 e_mccarthy@ymail.com

Represented by Morgan & Morgan, PA

Name Phone Fax E-Mail
Space JAMES DENNIS YOUNG +1 904 361 0012 jyoung@forthepeople.com

Represented by Motley Rice, LLC

Name Phone Fax E-Mail
Space Jonathan David Orent +1 401 457 7723 +1 401 457 7708 jorent@motleyrice.com

Represented by National Whistleblowers Legal Defense and Education Fund

Name Phone Fax E-Mail
Space Lindsey M. Williams +1 202 342 6980 +1 202 342 6984

Represented by Office of Attorney General

Name Phone Fax E-Mail
Space Sydney E. Rab

Represented by Office of the Attorney General

Name Phone Fax E-Mail
Space Mark L. Earley +1 804 786 8115 +7864 786 786 4239
Space Gregory E. Lucyk +1 804 786 2071
Space Jeffrey Alan Spencer +1 804 786 8115 +7864 786 786 4239

Represented by Office of the California Attorney General

Name Phone Fax E-Mail
Space Nimrod Pitsker Elias +1 415 703 5841 +1 415 703 5480 nimrod.elias@doj.ca.gov

Represented by Office of the Virginia Attorney General

Name Phone Fax E-Mail
Space Sarah Oxenham Allen +1 804 786 6557 +1 804 786 0122 SOAllen@oag.state.va.us
Space Joseph E.H. Atkinson +1 804 692 0586 +1 804 786 3509 jehatkinson@oag.state.va.us
Space Erica Joanna Bailey +1 804 786 2452 +7860 786 786 0807 ebailey@oag.state.va.us
Space Michael Hugh Brady +1 804 786 3518 +1 804 371 0200 mbrady@oag.state.va.us
Space George Walerian Chabalewski +1 804 786 2071 gchabalewski@oag.state.va.us
Space Trevor Stephen Cox +1 804 788 7331 +1 804 343 4893 tcox@oag.state.va.us
Space Candice M Deisher +1 804 786 0152 +1 804 786 0807 cdeisher@oag.state.va.us
Space Earle Duncan Getchell, Jr. +1 804 786 2436 +1 804 371 0200 dgetchell@oag.state.va.us
Space Ryan Spreague Hardy +1 804 786 0969 +1 804 371 2087 rhardy@oag.state.va.us
Space Tyler Timothy Henry +1 804 692 0485 +1 804 786 0122 thenry@oag.state.va.us
Space Stephen Richard McCullough +1 804 786 2436 +1 804 786 1991 smccullough@oag.state.va.us
Space Matthew Robert McGuire +1 804 786 7773 +1 804 371 0200 mmcguire@oag.state.va.us
Space Alexander Kenneth Page +1 804 786 8198 +1 804 786 0122 apage@oag.state.va.us
Space Jonathan Duncan Pitchford +1 804 371 0799 +1 804 786 2650 jpitchford@oag.state.va.us
Space Wesley Glenn Russell, Jr. +1 804 786 6731 wrussell@oag.state.va.us
Space Liza S. Simmons +1 804 371 2265 +1 804 371 2087 Lsimmons@oag.state.va.us
Space Samuel Thurston Towell +1 804 786 6731 stowell@oag.state.va.us
Space Allyson Kurzmann Tysinger +1 804 786 2071 atysinger@oag.state.va.us

Represented by Robbins Geller Rudman & Dowd LLP

Name Phone Fax E-Mail
Space Samuel H Rudman +1 631 367 7100 +1 631 367 1173 srudman@rgrdlaw.com

Represented by Sadowski Fischer PLLC

Name Phone Fax E-Mail
Space Robert W. Sadowski +1 646 502 5760 +1 646 502 5357 rsadowski@sadowskikatz.com

Represented by Stein, Mitchell & Mezines, LLP

Name Phone Fax E-Mail
Space Andrew M Beato +1 202 737 7777 +1 202 296 8312 abeato@steinmitchell.com

Represented by Stone & Magnanini, LLP

Name Phone Fax E-Mail
Space Eric H. Jaso +1 973 218 1111 ejaso@stonemagnalaw.com
Space ROBERT A. MAGNANINI +1 973 218 1111 rmagnanini@stonemagnalaw.com
Space David S. Stone +1 973 218 1111 +1 973 218 1106 dstone@stonemagnalaw.com

Represented by The Arras Group, Inc.

Name Phone Fax E-Mail
Space Linda Jeffries Stengle +1 610 367 1604 +1 610 265 3739 linda@lindastengle.com

Represented by The Law Offices of Sharad A. Samy LLC

Name Phone Fax E-Mail
Space Sharad Samy +1 203 357 8563 +1 203 602 7744 sharad@sharadsamy.com

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
Space William Henry Hurd +1 804 697 1335

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Rick A. Mountcastle +1 540 857 2254 +1 540 857 2283 rick.mountcastle@usdoj.gov

Represented by UNIVERSITY OF VIRGINIA

Name Phone Fax E-Mail
Space Farnaz Farkish Thompson +1 434 982 2941 +1 434 982 3070 fthompson@virginia.edu
No Logo Gene Johnson, Respondent

Represented by Office of the Attorney General (Richmond)

Name Phone Fax E-Mail
an individual Lara Kate Jacobs Todd

Represented by Office of the Virginia Attorney General

Name Phone Fax E-Mail
an individual Joshua Mikell Didlake +1 804 786 2071 +3710 371 371 0151 jdidlake@oag.state.va.us
an individual Kate Elizabeth Dwyre +1 804 786 5630 +1 804 786 4239 kdwyre@oag.state.va.us
an individual Earle Duncan Getchell, Jr. +1 804 786 2436 +1 804 371 0200 dgetchell@oag.state.va.us
an individual James Milburn Isaacs, Jr. +1 804 786 0030 +1 804 786 4239 jisaacs@oag.state.va.us
an individual John Michael Parsons +1 804 786 2071 +1 804 786 1991 jparsons@oag.state.va.us

Represented by wallellison.com Law Firm Placeholder

Name Phone Fax E-Mail
an individual James W. Ellison +1 706 722 0768 +1 706 722 5984 jellison@wallellison.com
No Logo S. K. Young, Respondent
Attributes
Citation Section 28 U.S.C. § 2254
Nature of Suit 530 - Prisoner: Habeas Corpus
Timeline
  Entries (38) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 38 Filed: 9/13/2010, Entered: None Court Filing
ORDER that petitioner's Letter / Motion for Leave to Submit for Review Exhibits A and B (Docket # 18), Motion for Leave to Rescind Affidavit (Docket # 22) and Motion for Leave to Amend Affidavit (Docket # 24) be and are DENIED, AS MOOT. Signed by District Judge Anthony J Trenga on 9/13/10. copy mailed; yes (tfitz, ) (Entered: 09/14/2010)
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Legal Document (Payment Possibly Required) 37 Filed: 9/2/2010, Entered: None
Letter to the Court regarding copies of an Exhibit. (Attachments: # 1 Attachments, # 2 Envelope)(tfitz, ) (Entered: 09/03/2010)
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Legal Document (Payment Possibly Required) 36 Filed: 8/27/2010, Entered: None
Letter from the Court. (tfitz, ) (Entered: 08/30/2010)
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Legal Document (Payment Possibly Required) 35 Filed: 8/13/2010, Entered: None
ORDER of USCA as to 19 Notice of Appeal filed by Andre Fidel Hopkins. The court strictly enforces the time limits for filing petitions for rehearing and petitions for rehearing en banc in accordance with Local Rule 40(c). The petition in this case is denied as untimely. (nmck, ) (Entered: 08/17/2010)
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Legal Document (Payment Possibly Required) 34 Filed: 8/2/2010, Entered: None
Letter to the Court by Andre Fidel Hopkins. (tfitz, ) (Entered: 08/09/2010)
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Legal Document (Payment Possibly Required) 33 Filed: 7/20/2010, Entered: None
USCA Mandate re 19 Notice of Appeal. The judgment of this court, entered 6/28/10, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the FRAP. (nmck, ) (Entered: 07/20/2010)
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Legal Document (Payment Possibly Required) 32 Filed: 6/28/2010, Entered: None
USCA JUDGMENT as to 19 Notice of Appeal filed by Andre Fidel Hopkins. In accordance with the decision of this court, a certificate of appealability is denied and the appeal is dismissed. This judgment shall take effect upon issuance of this court's mandate in accordance with FRAP. 41. (nmck, ) (Entered: 06/28/2010)
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Legal Document (Payment Possibly Required) 31 Filed: 6/28/2010, Entered: None
UNPUBLISHED Opinion of USCA decided 6/28/10 re 19 Notice of Appeal, dismissed. (nmck, ) (Entered: 06/28/2010)
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Legal Document (Payment Possibly Required) 30 Filed: 4/19/2010, Entered: None Court Filing
ORDER granting 27 Motion for Leave to Appeal in forma pauperis. Signed by District Judge Anthony J Trenga on 4/19/10. (nmck, ) (Entered: 04/19/2010)
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Legal Document (Payment Possibly Required) 29 Filed: 4/12/2010, Entered: None
Inmate Account Report Form filed. (tfitz, ) (Entered: 04/13/2010)
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Legal Document (Payment Possibly Required) 28 Filed: 3/25/2010, Entered: None
Letter to the Court by Andre F. Hopkins. (tfitz, ) (Entered: 04/08/2010)
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Legal Document (Payment Possibly Required) 27 Filed: 4/7/2010, Entered: None
MOTION and affidaivt for permission to Appeal in forma pauperis by Andre Fidel Hopkins. (Attachments: # 1 Letter, # 2 Envelope)(nmck, ) (Entered: 04/08/2010)
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Legal Document (Payment Possibly Required) 26 Filed: 3/29/2010, Entered: None Court Filing
ORDER that the Clerk request petitioner's institution to supply the court with an Inmate Account Report Form on petitioner within thirty (30) days of the date of this Order. Signed by District Judge Anthony J Trenga on 3/29/10. copies mailed; yes(tfitz, ) (Entered: 03/29/2010)
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Legal Document (Payment Possibly Required) 25 Filed: 3/25/2010, Entered: None
MOTION and affidavit for permission to Appeal in forma pauperis by Andre Fidel Hopkins. (Attachments: # 1 Initial fee notice, # 2 Envelope)(nmck, ) (Entered: 03/26/2010)
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Legal Document (Payment Possibly Required) 24 Filed: 3/19/2010, Entered: None
MOTION for Leave to Amend Affidavit B. by Andre Fidel Hopkins. (tfitz, ) (Entered: 03/22/2010)
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Legal Document (Payment Possibly Required) 23 Filed: 3/16/2010, Entered: None
Letter to the Court by Commonwealth of Virginia. (tfitz, ) (Entered: 03/16/2010)
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Legal Document (Payment Possibly Required) 22 Filed: 3/12/2010, Entered: None
MOTION for Leave to Rescind Affidavit A. by Andre Fidel Hopkins. (Attachments: # 1 Attachments, # 2 Envelope)(tfitz, ) (Entered: 03/15/2010)
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Legal Document (Payment Possibly Required) 21 Filed: 3/10/2010, Entered: None
Letter to court from USCA, please transmit the record to this office. (nmck, ) (Entered: 03/11/2010)
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Legal Document (Payment Possibly Required) 20 Filed: 3/8/2010, Entered: None
Transmission of Notice of Appeal to US Court of Appeals re 19 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (nmck, ) (Entered: 03/08/2010)
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Blank 19 Filed: 3/5/2010, Entered: None
NOTICE OF APPEAL as to 17 Memorandum Opinion and Order dated 2/23/10, by Andre Fidel Hopkins. Appeal fee not paid. Copy mailed to petitioner. (nmck, ) (Entered: 03/08/2010)
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Legal Document (Payment Possibly Required) 18 Filed: 3/4/2010, Entered: None
Letter/MOTION for Leave to Submit for Review Exhibits A and B by Andre Fidel Hopkins. (tfitz, ) (Entered: 03/05/2010)
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Blank 17 Filed: 2/23/2010, Entered: 2/23/2010 Court Filing
MEMORANDUM OPINION and ORDER that the petitioner's Motion for Leave to File Addenda to Brief (Docket # 13) be and is GRANTED; and it is further ORDERED that the instant petition for a writ of habeas corpus be and is DISMISSED WITH PREJUDICE as time-barred. To appeal, the petitioner must file a written notice of appeal with the Clerk's Office within thirty (30) days of the date of this Order. A written notice of appeal is a short statement stating a desire to appeal this Order and noting the date of the Order petitioner wants to appeal. Petitioner need not explain the grounds for appeal until so directed by the court. Petitioner must also request a certificate of appealability from a circuit justice or judge. See 28 U.S.C. § 2253 and Fed. R. App. P. 22(b). For the reasons stated above, this Court expressly declines to issue such a certificate. Signed by District Judge Anthony J Trenga on 2/23/10. copy mailed: yes(tfitz, ) (Entered: 02/24/2010)
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Legal Document (Payment Possibly Required) 16 Filed: 2/18/2010, Entered: None
Response to 14 Order filed by Andre Fidel Hopkins. (tche) (Entered: 02/19/2010)
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Legal Document (Payment Possibly Required) 15 Filed: 2/3/2010, Entered: None
Response to 14 Order filed by Andre Fidel Hopkins. (tfitz, ) (Entered: 02/03/2010)
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Legal Document (Payment Possibly Required) 14 Filed: 1/13/2010, Entered: None Court Filing
ORDERED that this petition will be dismissed as barred by the statute of limitations unless, within 30 days, petitioner contests the application of the one-year statute of limitations or establishes that he is entitled to equitable tolling. To establish this entitlement petitioner must present affidavits (sworn statements subject to the penalty of perjury) or other material contesting the application of the statute of limitations pursuant to 28 U.S.C. 2244(d); that petitioner's failure to comply with any part of this Order within 30 DAYS FROM THE DATE OF THIS ORDER, or failure to notify this Court immediately in the event he is transferred, released, or otherwise relocated, may result in the dismissal of this complaint pursuant to Fed. R. Civ. P. 41(b). Signed by District Judge Anthony J Trenga on 1/13/2010. (tche) (Entered: 01/13/2010)
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Legal Document (Payment Possibly Required) 13 Filed: 1/8/2010, Entered: None
MOTION for Leave to File Addenda to Brief in Support by Andre Fidel Hopkins. (Attachments: # 1 Attachments)(tfitz, ) (Entered: 01/13/2010)
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Legal Document (Payment Possibly Required) 12 Filed: 12/24/2009, Entered: None
Response and Brief in Support to 11 Order on Motion to Amend/Correct, Order on Motion to Appoint Counsel, Order on Motion for Extension of Time to File filed by Andre Fidel Hopkins. (Attachments: # 1 Attachments, # 2 Envelope)(tche) (Entered: 12/28/2009)
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Legal Document (Payment Possibly Required) 11 Filed: 11/23/2009, Entered: None Court Filing
ORDER that petitioner's Motion to Amend/Correct Writ of Habeas Corpus (Docket # 5) be and is GRANTED; and it is further ORDERED that petitioner's Motion for Appointment of Counsel (Docket # 8) be and is DENIED; and it is further ORDERED that petitioner's Motion for Enlargement of Time (Docket # 9) be and is DISMISSED AS MOOT; and it is further ORDERED that, within thirty (30) days of the date of this Order, plaintiff provide clear evidence of whether the Supreme Court of Virginia filing was a direct appeal of his conviction. Petitioner must provide this information either through official documentation or by sworn affidavit; and it is further ORDERED that petitioner show cause within thirty (30) days of the date of this Order why this petition should not be barred from federal habeas review due to his procedural default. Petitioner has the right to file affidavits or other material contesting the application of the state procedural bar; and it is further ORDERED that petitioner's failure to comply with any part of this Order within THIRTY (30) DAYS FROM THE DATE OF THIS ORDER, or failure to notify this Court immediately in the event he is transferred, released, or otherwise relocated, may result in the dismissal of this complaint pursuant to Fed. R. Civ. P. 41 (b). Signed by District Judge Anthony J Trenga on 11/23/09. copy mailed; yes (tfitz, ) (Entered: 11/24/2009)
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Legal Document (Payment Possibly Required) 10 Filed: 10/19/2009, Entered: None
AMENDED PETITION against Gene Johnson, filed by Andre Fidel Hopkins.(tfitz, ) (Entered: 10/22/2009)
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Legal Document (Payment Possibly Required) 9 Filed: 10/1/2009, Entered: None
Letter/MOTION for Extension of Time by Andre Fidel Hopkins. (tfitz, ) Modified to add text on 10/9/2009 (tfitz, ). (Entered: 10/09/2009)
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Legal Document (Payment Possibly Required) 8 Filed: 10/1/2009, Entered: None
Letter/MOTION to Appoint Counsel by Andre Fidel Hopkins. (tfitz, ) (Entered: 10/09/2009)
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Legal Document (Payment Possibly Required) 7 Filed: 9/30/2009, Entered: None
AMENDED PETITION against Commonwealth of Virginia, filed by Andre Fidel Hopkins. (For Exhibits see Doc.#6).(tfitz, ) (Entered: 10/07/2009)
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Legal Document (Payment Possibly Required) 6 Filed: 9/14/2009, Entered: None
Exhibits re: Amended Writ of Habeas Corpus by Andre Fidel Hopkins. (tfitz, ) (Entered: 10/01/2009)
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Legal Document (Payment Possibly Required) 5 Filed: 9/1/2009, Entered: None Motion to Amend/Correct
MOTION to Amend/Correct Writ of Habeas Corpus by Andre Fidel Hopkins. (tfitz, ) (Entered: 10/01/2009)
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Legal Document (Payment Possibly Required) 4 Filed: 9/21/2009, Entered: None Court Filing
ORDER that the petition be and is conditionally filed pending compliancewith the requirements of this Order; and it is furtherORDERED that petitioner particularize and amend his petition within thirty (30)days of the date of this Order by completing the attached form for filing a federal petitionfor writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner must include his civilaction number, l:09cv901 (ATJ/JFA), on the first page of his amended petition, and thisamended petition will serve as the sole petition in this civil action. Petitioner is cautionedthat he should fill out the enclosed form completely, taking care to state as directly aspossible the exact claims he wishes to assert, without referring the court's attention to anyadditional documents. Petitioner may attach additional pages to the form § 2254 petitionto express additional claims, as needed; and it is furtherORDERED that petitioner's failure to comply with any part of this Order withinTHIRTY (30) DAYS FROM THE DATE OF THIS ORDER, or failure to notify thisCourt immediately in the event he is transferred, released, or otherwise relocated, mayresult in the dismissal of this complaint pursuant to Fed. R. Civ. P. 41 (b). Signed by District Judge Anthony J Trenga on 9/21/09. copies mailed: yes(tfitz, ) (Entered: 09/22/2009)
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Legal Document (Payment Possibly Required) 3 Filed: 8/26/2009, Entered: None
Exhibits filed re: Amended Writ of Habeas Corpus. (tfitz, ) (Entered: 08/27/2009)
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Legal Document (Payment Possibly Required) 2 Filed: 8/21/2009, Entered: None
Amended PETITION for Writ of Habeas Corpus, filed by Andre Fidel Hopkins.(tfitz, ) (Entered: 08/24/2009)
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Legal Document (Payment Possibly Required) 1 Filed: 8/12/2009, Entered: None
PETITION for Writ of Habeas Corpus, filed by Andre Fidel Hopkins. (Attachments: # 1 Prisoner Report, # 2 Attachments, # 3 Envelope)(ccav, ) (Additional attachment(s) added on 8/13/2009: # 4 Receipt #14683007845) (ccav, ) (Entered: 08/12/2009)
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