Goncalves v. Green et al
| Joseph S. Goncalves, Jr. |
| J. David Green and Cookie Crews |
| 3:2024cv00723 |
| December 12, 2024 |
| U.S. District Court for the Western District of Kentucky |
| Joseph H McKinley |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on December 19, 2024. A more recent docket listing may be available from PACER.
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| Filing 39 JUDGMENT by Senior Judge Joseph H. McKinley, Jr. on 12/19/2024: IT IS HEREBY ORDERED AND ADJUDGED as follows: 1. The petition for writ of habeas corpus is dismissed with prejudice and judgment is entered in favor of Respondent. 2. A Certificate of Appealability is denied. 3. This is a final judgment, and the matter is stricken from the active docket of the Court.cc:counsel; Joseph S. Goncalves, Jr., pro se (EAS) |
Filing 38
ORDER Signed by Senior Judge Joseph H. McKinley, Jr. on 12/19/2024: IT IS HEREBY ORDERED that the Petitioner's objections #34 are overruled. The Court adopts the Magistrate Judge's Report and Recommendation #31 . IT IS FURTHER ORDERED that the petition for writ of habeas corpus is denied and dismissed. IT IS FINALLY ORDERED that a Certificate of Appealability is denied.cc: Counsel; Joseph S. Goncalves, Jr., pro se (EAS)
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| Filing 37 Case Assignment (Random Selection): Case Assigned to Senior Judge Joseph H. McKinley Jr. (KJA) |
| Filing 36 Case transferred in from District of Kentucky Eastern; Case Number 0:21-cv-00044. Original file certified copy of transfer order and docket sheet received. (KJA) |
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Filing 35
MEMORANDUM OPINION & ORDER: this action is TRANSFERRED to the Louisville Division of the Western District for all further proceedings. Signed by Judge Gregory F. VanTatenhove on 12/11/24.(JLS)cc: CORand Joseph S. Goncalvez by US Mail [Transferred from kyed on 12/12/2024.]
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| Filing 34 OBJECTION to #31 Report and Recommendations filed by Joseph S. Goncalves, Jr., pro se. (Attachments: #1 Cover Letter, #2 env, pm 10-31-24)(JLS) [Transferred from kyed on 12/12/2024.] |
| ***FILE SUBMITTED TO CHAMBERS of VanTatenhove for review: #34 Objection to Report and Recommendations. (JLS) [Transferred from kyed on 12/12/2024.] |
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Filing 33
ORDER: 1) Goncalves's #32 Motion for Extension of Time is GRANTED; 2) Goncalves shall file any specific objections to the R & R OOB Monday, 11/18/24; 3) Upon the earlier of Goncalves's timely filings of his objections or hte expiration of his time to make such filing, the clerk shall submit the matter to District Judge Gregory F. Van Tatenhove for his consideration. Signed by Magistrate Judge Candace J. Smith on 10/23/24. (JLS)cc: CORand Joseph S. Goncalves, Jr. by US Mail [Transferred from kyed on 12/12/2024.]
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| Filing 32 MOTION for Extension of Time by Joseph S. Goncalves, Jr., pro se.Motions referred to Candace J. Smith. (Attachments: #1 Cover Letter, #2 env, pm 10-19-24)(JLS) [Transferred from kyed on 12/12/2024.] |
| ***MOTION SUBMITTED TO CHAMBERS of Smith for review: re #32 MOTION for Extension of Time by Joseph S. Goncalves, Jr., pro se. (JLS) [Transferred from kyed on 12/12/2024.] |
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Filing 31
REPORT AND RECOMMENDATIONS: 1. Goncalves's 2254 Petition R. #1 be denied and this matter be dismissed; 2. a COA be denied by the Court in conjunction with the entry of its final order in this matter; 3. judgment in favor of the Respondent be entered contemporaneously with the Court's entry of its final order; and 4. this case be stricken from the active docket of this Court. The parties are directed to 28 USC 636(b)(1) for appeal rights and mechanics concerning this R&R, issued under subsection (b) of this statute. Within 14 days after being served with a copy of this R&R, any party may serve and file specific written objections to any or all findings or recommendations for determination de novo by the District Judge. Signed by Magistrate Judge Candace J. Smith on 9/30/24.(KSS)cc: CORand Goncalves by US Mail [Transferred from kyed on 12/12/2024.]
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Filing 30
ORDER: IT IS ORDERED that Petitioner Goncalves's #28 Motion to Return Petitioner's Incarceration to the EDKY is hereby denied. Signed by Magistrate Judge Candace J. Smith on 9/30/24. (KSS)cc: CORand Goncalves by US Mail [Transferred from kyed on 12/12/2024.]
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| Filing 29 NOTICE of Change of Address by Joseph S. Goncalves, Jr., pro se, with envelope postmarked 9/25/24 (KSS) [Transferred from kyed on 12/12/2024.] |
| Filing 28 MOTION Return Petitioner to EDKY by Joseph S. Goncalves, Jr, pro se.Motions referred to Candace J. Smith. (Attachments: #1 Cover Letter, #2 env, pm 8-27-24)(JLS) [Transferred from kyed on 12/12/2024.] |
| ***MOTION SUBMITTED TO CHAMBERS of Smith for review: re #28 MOTION Return Petitioner to EDKY by Joseph S. Goncalves, Jr., pro se. (JLS) [Transferred from kyed on 12/12/2024.] |
| Filing 27 Letter from Joseph S. Goncalves, Jr., pro sewith notice of change in address. (Attachments: #1 env, pm 7-6-24) (JLS) [Transferred from kyed on 12/12/2024.] |
| Filing 26 PETITIONER'S SUPPLEMENT TO THE RECORD by Joseph S. Goncalves, Jr re #25 Order on Motion for Extension of Time to File Response/Reply (Attachments: #1 Cover letter, #2 Envelope postmarked 3-11-24, #3 Supplement to Record - Supreme Court of KY Reply Brief)(KSS) [Transferred from kyed on 12/12/2024.] |
| ***FILE SUBMITTED TO CHAMBERS of Smith for review: #26 Petitioner's Supplement to the Record (KSS) [Transferred from kyed on 12/12/2024.] |
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Filing 25
ORDER: 1) Petitioner's #20 Motion for Extension is granted, and Petitioner's Reply filed on 10/10/23 is considered timely; 2) Petitioner's #22 Motion to file Supplement to the Record is granted, and the record is supplemented with the Book of Exhibits #23 -1; 3) Petitioner's #21 Motion for Permission to File for Appointment of Counsel is denied without prejudice; 4) the Clerk is directed to submit the Petition, Answer and Reply to the undersigned for consideration. Signed by Magistrate Judge Candace J. Smith on 2/26/24. (JLS)cc: CORand Joseph S. Goncalves, Jr. by US Mail [Transferred from kyed on 12/12/2024.]
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| ***FILE SUBMITTED TO CHAMBERS of Smith for review: #1 Petition for Writ of Habeas Corpus, #18 Answer to Habeas Petition and #23 REPLY. (JLS) [Transferred from kyed on 12/12/2024.] |
| Filing 24 Letter from Joseph S. Goncalves, Jr. requesting status. (Attachments: #1 env, no pm) (JLS) [Transferred from kyed on 12/12/2024.] |
| CLERK'S VIRTUAL NOTICE TO Joseph S. Goncalves, Jr. re #24 Letter : In response to a request for the status of your case, a courtesy copy of the docket sheet in the above-styled case is enclosed. The docket sheet provides a timeline of the activity in your case with a list of filings in the case to date. cc: Joseph S. Goncalves, Jr. by US Mail (JLS) [Transferred from kyed on 12/12/2024.] |
| Filing 23 REPLY Answer to Petition for Writ of Habeas Corpus #18 filed by Joseph S. Goncalves, Jr., pro se (Attachments: #1 Book of exhibits, #2 Cover letter, #3 Envelope postmarked 10-5-23)(KSS) [Transferred from kyed on 12/12/2024.] |
| Filing 22 MOTION for Permission to File a Supplement to the Record by Joseph S. Goncalves, Jr., pro se. (cover letter & envelope attached to DE 20) Motions referred to Candace J. Smith. (KSS) [Transferred from kyed on 12/12/2024.] |
| Filing 21 MOTION for Permission to File for Appointment of Counsel by Joseph S. Goncalves, Jr., pro se (cover letter & envelope attached to DE 20) Motions referred to Candace J. Smith. (KSS) [Transferred from kyed on 12/12/2024.] |
| Filing 20 MOTION for Extension of Time (60 days) to File Reply for Petitioner as to #18 Response to Habeas Petition by Joseph S. Goncalves, Jr., pro se Motions referred to Candace J. Smith. (Attachments: #1 Cover letter & envelope postmarked 8/2/23)(KSS) [Transferred from kyed on 12/12/2024.] |
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Filing 19
ORDER: 1) w/i 30 days, i.e., by August 18, 2023, Goncalves shall file any Reply to Respondent's Answer; 2) Upon the filing of Petitioner's Reply, or the expiration of time, the Clerk shall submit the record for further consideration. Signed by Magistrate Judge Candace J. Smith on 7/19/23. (JLS)cc: COR and Joseph Goncalves, Jr. by US Mail [Transferred from kyed on 12/12/2024.]
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| Filing 18 ANSWER to #1 Petition for Writ of Habeas Corpus by J. David Green. (Attachments: #1 Appendix Index, #2 Appendix Final Judgment, #3 Appendix Appellant Brief Dir Appeal, #4 Appendix Appellee Brief Dir Appeal, #5 Appendix Reply Brief Dir Appeal, #6 Appendix KYSC Opinion, #7 Appendix Trial Pleadings and Order, #8 Appendix Brief for Appellant 60.02, #9 Appendix Brief for Appellee 60.02, #10 Appendix Reply Brief 60.02, #11 Appendix KYCA Opinion, #12 Appendix 11.42 Trial Pleadings & Order, #13 Appendix Brief for Appellant 11.42, #14 Appendix Brief for Appellee 11.42, #15 Appendix Reply Brief 11.42, #16 Appendix KYCA Opinion)(Ferguson, Todd) [Transferred from kyed on 12/12/2024.] |
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Filing 17
ORDER: IT IS ORDERED that the Second Motion for Extension of Time to File Response to Goncalves's 2254 Petition R #16 is hereby granted. Respondent shall have until July 17, 2023, to respond to the 2254 Petition. Signed by Magistrate Judge Candace J. Smith on 7/14/23.(KSS)cc: CORand Goncalves by US Mail [Transferred from kyed on 12/12/2024.]
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| Filing 16 SECOND MOTION for Extension of Time to File Answer by J. David Green Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order granting)(Ferguson, Todd) [Transferred from kyed on 12/12/2024.] |
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Filing 15
ORDER: The #14 Motion for Extension of Time to Answer is granted. Respondent Green shall have until 7/7/23 to file his Response to Goncalves's #1 Petition. Signed by Magistrate Judge Candace J. Smith on 6/12/23. (JLS)cc: CORand Joseph S. Goncalves, Jr. by US Mail [Transferred from kyed on 12/12/2024.]
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| Filing 14 MOTION for Extension of Time to File Answer by J. David Green Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order granting)(Ferguson, Todd) [Transferred from kyed on 12/12/2024.] |
| Filing 13 NOTICE by J. David Green re #12 Order,,,,,, Terminate Motions,,,,, (Ferguson, Todd) [Transferred from kyed on 12/12/2024.] |
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Filing 12
ORDER : 1) The clerk shall serve a copy of the #1 petition and this order upon Respondent Green, Warden EKCC and the AG of the Commonwealth; 2) the Commonwealth shall assist the Court in fulfilling its duties under 18 U.S.C. 3771(b)(2). This Commonwealth shall file a notice certifying its compliance w/i 45 days; 3) Within 60 days from the date of service of this Order, and NLT 5/30/23 Respondent shall answer the Petition. The this shall be an Answer and not a motion to dismiss, motion for sj or other motion; 4) In accordance with Rule 5 of the Rules Governing Section 2254 cases, the answer shall (a) include transcripts, (b) include any brief filed by Petitioner, (c) any brief filed by the prosecution, (d) any opinions or dispositive orders filed by the appellate court; 5) Following the filing of an Answer, the clerk shall submit this matter to the undersigned; 6) All pleadings must be sent to the Clerk and contain the above caption as well as a certificate of service; 7) Goncalves shall keep the clerk informed of his current mailing address; 8) Goncalves's #9 MOTION Equitable Tolling is denied without prejudice. Signed by Magistrate Judge Candace J. Smith on 3/31/23.(JLS)cc: CORand Joseph S. Goncalves, Jr. by US Mail, Warden and AG with appropriate filings [Transferred from kyed on 12/12/2024.]
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| Filing 11 Letter from Joseph S. Gonclaves, Jr. requesting copies. (Attachments: #1 env, pm 11-15-22) (JLS) [Transferred from kyed on 12/12/2024.] |
| CLERK'S VIRTUAL NOTICE TO Joseph S. Goncalves, Jr. re #1 Petition for Writ of Habeas Corpus,, #9 MOTION Equitable Tolling by Joseph S. Goncalves, Jr : The copies requested require a fee of 50 cents per page to be paid in advance. The total pages requested is 16 pages and the amount due is $8.00. Please make your check or money order payable to Clerk, United States District Court. cc: Joseph S. Goncalves, Jr. by US Mail (JLS) [Transferred from kyed on 12/12/2024.] |
| Filing 10 Letter from Joseph S. Goncalves, Jr., pro se, with envelope postmarked 7/6/22, re: status update (KSS) [Transferred from kyed on 12/12/2024.] |
| Filing 9 MOTION Equitable Tolling by Joseph S. Goncalves, Jr., pro se.Motions referred to Candace J. Smith. (Attachments: #1 Supporting Documents, #2 env, pm 2-28-22)(JLS) [Transferred from kyed on 12/12/2024.] |
| ***MOTION SUBMITTED TO CHAMBERS of Smith for review: re #9 MOTION Equitable Tolling by Joseph S. Goncalves, Jr. (JLS) [Transferred from kyed on 12/12/2024.] |
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Filing 8
MEMORANDUM OPINION & ORDER Mr. Goncalve's #6 MOTION for Permanent Injunction is DENIED. Signed by Judge Gregory F. VanTatenhove on 2/15/22.(JLS)cc: CORand Joseph S. Goncalves, Jr. by US Mail [Transferred from kyed on 12/12/2024.]
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| Filing 7 Filing fee Filing fee received - $ 5.00, receipt number 0003452 (JLS) [Transferred from kyed on 12/12/2024.] |
| Filing 6 MOTION for Permanent Injunction by Joseph S. Goncalves, Jr., pro se. Motions referred to Candace J. Smith. (Attachments: #1 Exhibits, #2 cover letter)(JLS) [Transferred from kyed on 12/12/2024.] |
| ***MOTION SUBMITTED TO CHAMBERS of Smith for review: re #6 MOTION for Permanent Injunction by Joseph S. Goncalves, Jr., pro se. (JLS) [Transferred from kyed on 12/12/2024.] |
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Filing 5
ORDER: IT IS ORDERED 1) Goncalves's Motion for Leave to Proceed IFP #3 is hereby denied; 2) Within thirty (30) days from the date of this Order, the same being not later than June 1, 2021 (the thirtieth day being a Sunday and the following day being a federal holiday), Goncalves shall pay the filing fee of $5.00; and 3) Goncalves is hereby on notice that if he fails to pay the filing fee by the date specified in this Order, a recommendation to the presiding District Judge to dismiss the case for want of prosecution would be warranted. Signed by Magistrate Judge Candace J. Smith on 4/30/21. (KSS)cc: CORand Goncalves by US Mail [Transferred from kyed on 12/12/2024.]
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| ***MOTION SUBMITTED TO CHAMBERS of Smith for review: re #3 MOTION for Leave to Proceed in forma pauperis by Joseph S. Goncalves, Jr., pro se. (JLS) [Transferred from kyed on 12/12/2024.] |
| Filing 4 IMPORTANT NOTICE to Pro Se Filer: Information relating to pro se filings and F.R.Civ.P. 5.2 requiring personal identifiers be partially redacted from documents filed with the court. #Click here for more information on the rules. It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers.cc: pro se filer via U.S. Mail (Attachments: #1 Sample Caption Page)(JLS) [Transferred from kyed on 12/12/2024.] |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Joseph S. Goncalves, Jr Motions referred to Candace J. Smith. (Attachments: #1 Certification of Funds)(JLS) [Transferred from kyed on 12/12/2024.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Joseph S. Goncalves, Jr., pro se. (Attachments: #1 Exhibit Volume One of Three cover page, #2 Exhibit Affidavit of Probable Cause, #3 Exhibit Cause and Prejudice, #4 Exhibit Request for Certification, #5 Exhibit Designation of Record, #6 Exhibit Volume 2 of 3 cover page, #7 Memorandum of Law, #8 Exhibit Volume 3 of 3 cover page, #9 Exhibit Supporting Documents, #10 envelopes, no pm - documents contained in 2 envelopes)(JLS) [Transferred from kyed on 12/12/2024.] |
| Conflict Check run. (JLS) [Transferred from kyed on 12/12/2024.] |
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