McMillan v. Shanley
| Everett McMillan |
| Raymond Shanley |
| 1:2019cv01748 |
| March 22, 2019 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 29, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 9
ORDER dated 6/15/19 the Court hereby appoints Donna Newman as counsel to petitioner under the Criminal Justice Act solely for the purpose of presenting this issue to the Court. Within 45 days, counsel shall submit a memorandum of law or letter brief addressing the following issues: (1) whether the 440 court's decision is entitled to the presumption of correctness for factual findings under 28:2254(e); (2) whether the 440 court's decision is entitled to deference under 28:2254(d); and (3) whether an evidentiary hearing in this Court is necessary or advisable for the resolution of the issue that petitioner has raised. Respondent shall file his response to counsels brief within thirty days of the filing thereof. Attorney Donna R. Newman for Everett McMillan added. ( Ordered by Judge Brian M. Cogan on 6/15/2019 ) c/m (Guzzi, Roseann)
|
|
Filing 8
ORDER dated 5/13/19 to petitioner re: construing petition. ( Ordered by Judge Brian M. Cogan on 5/13/2019 ) (Guzzi, Roseann)
|
|
Filing 7
Letter in response to Court's order dated May 4, 2019 by Raymond Shanley (Traill, Johnnette)
|
|
ORDER re: #6 . The state court record does not appear to include any Order of the Appellate Division, Second Department, deciding petitioner's motion for leave to appeal the denial of his 440 motion. At one point in the petition, petitioner appears to assert that the motion for leave to appeal is "still pending," but at another point, he asserts that leave to appeal was denied on 2/22/19. Respondent is to file a copy of the Order forthwith and to advise the Court by letter whether it or any other state court motions are still pending. Ordered by Judge Brian M. Cogan on 5/4/2019. (Weisberg, Peggy)
|
|
Filing 6
STATE COURT RECORD (Attachments: #1 Exhibit State Court Record, #2 Exhibit State Court Record, #3 Exhibit State Court Record, #4 Exhibit State Court Record, #5 Exhibit State Court Record, #6 Exhibit State Court Record, #7 Exhibit State Court Record, #8 Exhibit State Court Record, #9 Exhibit State Court Record, #10 Exhibit State Court Record, #11 Exhibit State Court Record) (Traill, Johnnette)
|
|
Filing 5
FILING FEE: $ 5.00, receipt number 4653138798 payment submitted for Everett McMillan for writ of habeas corpus. (Guzzi, Roseann)
|
|
Filing 4
ORDER dated 4/1/19 re #1 Petition for Writ of Habeas Corpus filed by Everett McMillan; Re: State Court records filings; granting #2 Motion for Leave to Proceed in forma pauperis. ( Ordered by Judge Brian M. Cogan on 4/1/2019 ) c/m (Guzzi, Roseann)
|
|
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. (Williams, Erica)
|
|
Case no longer referred to Magistrate Judge Bloom. (Weisberg, Peggy)
|
|
Filing 2
MOTION for Leave to Proceed in forma pauperis by Everett McMillan. (Williams, Erica)
|
|
Filing 1
PETITION for Writ of Habeas Corpus , filed by Everett McMillan. (Attachments: #1 Civil Cover Sheet) (Williams, Erica)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: McMillan v. Shanley | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner: Everett McMillan | |
| Represented By: | Donna R. Newman |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Respondent: Raymond Shanley | |
| Represented By: | QUEENS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
