Murphy v. Warden of Attica Correctional Facility
- Gabriel Gorenstein
- 1:20-cv-03076
- U.S. District Court · Southern District of New York
- 1
In Murphy v. Warden of Attica Correctional Facility, Magistrate Judge Gorenstein accepted Murphy’s late letter and ordered a response on his stay request.
Donelle Murphy and the Warden of Attica Correctional Facility; the order required the respondent to address Murphy’s request for a stay.
What happened
In Murphy v. Warden of Attica Correctional Facility, the court had asked Donelle Murphy to explain how the legal standard from Rhines v. Weber applied to his request to pause his petition.
Murphy’s response was filed after the court’s deadline, but the court accepted it. The court directed the warden to file a response addressing the stay request in full by July 7, 2021.
Magistrate Judge Gabriel W. Gorenstein did not decide whether to grant the stay. He ordered the warden’s filing to apply the Rhines standard and address any other issues raised in Murphy’s letter.
The detailed version
- Murphy v. Warden of Attica Correctional Facility · No. 1:20-cv-03076
- Gabriel Gorenstein
- June 23, 2021
Background
The court had previously ordered petitioner Donelle Murphy to address the standard from Rhines v. Weber in connection with his request for a stay of his petition. The court set June 11, 2021, as the deadline for Murphy’s filing.
Murphy’s letter was docketed on June 21, 2021. The letter stated that it had been written on June 14, 2021, making it untimely under the court’s deadline.
Order
The court accepted Murphy’s untimely letter. It directed the respondent, the Warden of Attica Correctional Facility, to file a response by July 7, 2021, addressing Murphy’s request for a stay in full. The response was required to apply the Rhines standard and could address other issues the respondent believed Murphy’s letter raised.
Effect of the Order
The order required further briefing; it did not state that the court granted or denied Murphy’s request for a stay. Magistrate Judge Gabriel W. Gorenstein issued the order on June 23, 2021.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.