Davis v. Capra
| Tyrone Davis |
| Superintendent Michael Capra |
| 1:2019cv06579 |
| November 19, 2019 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Margo K Brodie |
| Eric N Vitaliano |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Appeal Record Sent to USCA Successive Habeas Petition sent to US Court of Appeals #7 Order Transferring Case (Successive Petition), (McGee, Mary Ann) |
Filing 7
ORDER TRANSFERRING CASE AS SUCCESSIVE PETITION. Accordingly, pursuant to 28 U.S.C. 1631, the Clerk of Court shall transfer this petition to the United States Court of Appeals for the Second Circuit. If the Second Circuit authorizes petitioner to proceed in this matter, petitioner shall move to reopen under this docket number. The Clerk of Court is directed to mail a copy of this Order to the Petitioner and close this case. Ordered by Judge Margo K. Brodie on 12/30/2019. (Piper, Francine)
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| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE by Michael Capra (Pitts, Sarah) |
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ORDER re #5 Order to Show Cause. The Court will transfer petitioner's petition to the Second Circuit. Accordingly, the Court vacates #5 Order to Show Cause. Ordered by Judge Margo K. Brodie on 12/30/2019. (Williams, Tenisha)
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Filing 5
ORDER TO SHOW CAUSE: Petitioner is granted leave to proceed in forma pauperis. 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 #1 Petition, why a writ of habeas corpus should not be issued. On or before 1/31/2020, Respondent shall serve and file his opposition papers and shall file the original with proof of service with the Clerk of this Court. Reply papers, if any, shall be served and filed by the Petitioner, within twenty (20) days of receipt of the Respondent's opposition papers and shall file his reply, if any, with the Clerk of this Court. SO ORDERED by Judge Margo K. Brodie, on 12/10/2019. C/mailed to pro se Petitioner. Electronic Service upon Respondents, re: this Order to Show Cause and Petitioner's #1 Petition for a Writ of Habeas Corpus. (Latka-Mucha, Wieslawa) VACATED pursuant to Order of Judge Brodie Dated December 30, 2019 . This entry has been modified on December 30, 2019 to indicate The Order to Show Case Dated December 10, 2019 has been vacated. Modified on 12/30/2019 (Piper, Francine).
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| Filing 4 FILING FEE: $ 5.00, receipt number 4653146180 (Piper, Francine) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Margo K. Brodie for all further proceedings. Judge Eric N. Vitaliano no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 11/26/2019. (Bowens, Priscilla)
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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. (Bowens, Priscilla) |
| Filing 2 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. (Documents mailed to pro se party on 11/22/19). (Bowens, Priscilla) |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Tyrone Davis. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
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| Respondent: Superintendent Michael Capra | |
| Represented By: | KINGS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
| Represented By: | Sarah Goldsborough Pitts |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
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| Petitioner: Tyrone Davis | |
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