Wallace v. McCarthy
| Jonathan Wallace |
| Timothy McCarthy |
| 7:2019cv01083 |
| February 1, 2019 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Lisa Margaret Smith |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Mailed a copy of #6 Order to Answer, to Jonathan Wallace 14-A-3281 Auburn Correctional Facility P.O. Box 618 Auburn, NY 13021.(vba) |
| Mailed a copy of #2 Petition for Writ of Habeas Corpus, #6 Order to Answer, to Attorney General of the State of New York by certified mail to 28 Liberty Street, New York, New York, 10005; and on the District Attorney of Westchester County by certified mail to 111 Dr. Martin Luther King, Jr. Blvd., White Plains, New York 10601 by Certified Mail # 7002 2030 0003 8675 1277; 7002 2030 0003 8675 1260 with Return Receipt Requested. (vba) |
Filing 8
INFORMATION PACKAGE MAILED to Jonathan Wallace 14-A-3281, at Auburn Correctional Facility P.O. Box 618 Auburn, NY 13021, on 3/26/2019 Re: #6 Order to Answer via REGULAR MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (bwa)
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Filing 7
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Habeas Corpus. Referred to Magistrate Judge Lisa Margaret Smith. (Signed by Judge Vincent L. Briccetti on 3/25/2019) (mml)
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Filing 6
ORDER TO ANSWER, 28 U.S.C. 2254: Having examined this petition under 28 U.S.C. 2254, the Court hereby ORDERS that: The Clerk of Court shall serve a copy of this order and of the petition on the Attorney General of the State of New York by certified mail to 28 Liberty Street, New York, New York, 10005; and on the District Attorney of Westchester County by certified mail to 111 Dr. Martin Luther King, Jr. Blvd., White Plains, New York 10601. By May 24, 2019, Respondent shall file and serve (1) an answer to the petition and (2) the transcripts and briefs identified in Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. Petitioner may file and serve reply papers, if any, within thirty days from the date he is served with Respondent's answer. The Clerk is instructed to mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/25/2019) (mml) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #4 Order Granting IFP Application, to Jonathan Wallace 14-A-3281 Auburn Correctional Facility P.O. Box 618 Auburn, NY 13021. (vba) |
| Magistrate Judge Lisa M. Smith is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (wb) |
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Filing 4
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Colleen McMahon on 3/20/2019) (anc) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 LETTER from Jonathan Wallace re: Please accept this letter as an application for a writ of habeas corpus pursuant to 28 USC 2254. Document filed by Jonathan Wallace.(rdz) |
| Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Jonathan Wallace.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jonathan Wallace.(rdz) |
| Case Designated ECF. (rdz) |
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| Respondent: Timothy McCarthy | |
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| Petitioner: Jonathan Wallace | |
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