Roberts v. LaManna
| Eustacio Roberts |
| Jaime LaManna |
| 1:2019cv00880 |
| February 12, 2019 |
| 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 |
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Filing 4
ORDER TO SHOW CAUSE Upon the instant petition for issuance of a writ of habeas corpus pursuant to 28 U.S.C. 2254, dated February 12, 2019, 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 2/19/2019. (Ramesar, Thameera)
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| Filing 3 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. (Davis, Kimberly) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Eustacio Roberts. (Davis, Kimberly) |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Eustacio Roberts. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
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| Petitioner: Eustacio Roberts | |
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| Respondent: Jaime LaManna | |
| Represented By: | KINGS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
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