Morrow v. Capra
| Neb Morrow, III |
| Michael Capra |
| 1:2018cv05765 |
| October 16, 2018 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Ann M Donnelly |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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ORDER granting #9 Motion to Stay. The petitioner is to file a status report apprising this Court of the status of the State court proceeding by January 11, 2019. Ordered by Judge Ann M Donnelly on 11/6/2018. (Tuminelli, Amanda)
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Filing 9
MOTION to Stay by Neb Morrow, III. (Ramesar, Thameera)
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Filing 8
STATE COURT RECORD Received by Neb Morrow, III. (Attachments: #1 Part 2) (Ramesar, Thameera)
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Filing 7
ORDER TO SHOW CAUSE Upon the instant petition for issuance of a writ of habeas corpus pursuant to 28 U.S.C. 2254, dated October 16, 2018, a copy of which is annexed hereto, it is hereby ORDERED that: (1) Petitioner is granted leave to proceed in forma pauperis. (2) The Attorney General of the State of New York or the District Attorney of Kings County, as attorney for Respondent, shall show cause before this Court, by the filing of a return to the petition, why a writ of habeas corpus should not be issued. (3) Within sixty (60) days of receipt of this Order to Show Cause, Respondent shall serve a copy of the return on Petitioner herein and file the original thereof with the Court, together with proof of service. (4) At the time of filing such return, Respondent shall electronically file the State Court Record, with no individual attachment to the entry exceeding 20 megabytes. The Respondent is also ordered to supply a hard copy of the ECF-filed version of the State Court Record to Chambers which must be clearly marked Courtesy Copy and contain the ECF header. (5) If copies of Petitioners and/or the States briefs are available including briefs relating to any appeal or in connection with proceedings involving any other direct or collateral challenge to Petitioners conviction, such as proceedings pursuant to New York Criminal Procedure Law 440 or on a petition for a writ of error coram nobis Respondent shall electronically file these records at the time of filing such return, with no individual attachment to the entry exceeding 20 megabytes. The Respondent is also ordered to supply a hard copy of Petitioners and/or the States briefs to Chambers which must be clearly marked Courtesy Copy, original filed via ECF and indicate the docket number. (6) Petitioner, within twenty-one (21) days of receipt of a copy of the return, shall file his or her reply, if any, with the Court. (7) Service of a copy of this Order to Show Cause shall be made by the Clerk of this Court by electronic mail, together with a copy of the petition, to the Attorney General of the State of New York, and the District Attorney of Kings County, and by mailing a copy of this order to Petitioner.(8) The parties are to comply in all respects with applicable Local Rules for this district and thus Courts Individual Practices and Rules, including but not limited to the Courts Individual Practice and Rules 1(D) and 4(C) regarding proper courtesy copy procedure and legal memoranda page limitations (i.e., 25 pages for opening and opposition briefs, and 10 pages for reply briefs). The parties are reminded to ensure all legal memoranda include citations to the record. SO Ordered by Judge Ann M Donnelly on 10/18/2018. (Ramesar, Thameera)
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Filing 6
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla)
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Filing 5
Case transferred in from District of New York Southern; Case Number 1:18-cv-09165. Original file certified copy of transfer order and docket sheet received.
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Mailed a copy of #3 Transfer Order E.D.N.Y. (Petition) (case opening only), to Neb Morrow, III DIN No. 10-A-6112 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442. (vba) [Transferred from New York Southern on 10/16/2018.]
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Filing 3
TRANSFER ORDER. The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Petitioner, and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Eastern District of New York. Whether Petitioner should be permitted to proceed further without payment of fees is a determination to be made by the transferee court. This order closes this case. Because Petitioner has not at this time made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue under 28 U.S.C. 2253. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Colleen McMahon on 10/9/2018) (rjm) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/16/2018.]
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (rjm) [Transferred from New York Southern on 10/16/2018.]
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Filing 4
MOTION TO PROCEED IN FORMA PAUPERIS AND SUPPORTING AFFIRMATION; re: for Leave to Proceed Informa Pauperis. Document filed by Neb Morrow, III.(sc) [Transferred from New York Southern on 10/16/2018.]
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MOTION for Leave to Proceed in forma pauperis SEE ENTRY #2 by Neb Morrow, III. (Bowens, Priscilla)
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Filing 2
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Neb Morrow, III.(sac) [Transferred from New York Southern on 10/16/2018.]
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Filing 1
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Neb Morrow, III.(sac) (Main Document 1 replaced on 10/9/2018) (sac). [Transferred from New York Southern on 10/16/2018.]
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Case Designated ECF. (sac) [Transferred from New York Southern on 10/16/2018.]
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| Petitioner: Neb Morrow, III | |
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| Respondent: Michael Capra | |
| Represented By: | KINGS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
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