Reeves v. McCarthy
| Robert Reeves |
| Timothy McCarthy |
| 1:2020cv03746 |
| October 8, 2020 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| William F Kuntz |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| Filing 5 Letter Order mailed to Petitioner by Timothy McCarthy (Dolan, Keith) |
| Filing 4 CONSENT to Jurisdiction by US Magistrate Judge, signed by Pro se Plaintiff only. 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. (Tavarez, Jennifer) |
| 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) |
Pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, this habeas corpus petition and application to proceed in forma pauperis has been reviewed. Having concluded the petition should not be summarily dismissed pursuant to Rule 4, it is hereby:ORDERED, that Petitioner's motion to proceed in forma pauperis, #2 , is granted; and it is furtherORDERED, that Respondent shall file a complete and entire answer or other pleading in response to the petition within sixty (60) days of the date of this order; and it is furtherORDERED, that pursuant to Rule 5 of the Rules Governing Section 2254 Cases Respondent shall address in the answer whether Petitioner has exhausted state remedies; and it is furtherORDERED, that, with the answer, Respondent shall electronically file the State Court Record, and supply a hard copy of the State Court Record to Chambers, which shall be clearly marked Courtesy Copy, original filed in ECF, docket number 20-CV-3746. The State Court Record shall include copies of the trial transcript, State Court briefs and supporting papers of both the People and Petitioner on direct appeal and on any post-trial motions or motions brought in any collateral proceeding, and on any appeal of such motions, as well as copies of any orders disposing of any motions, or a sworn detailed statement as to why all of these documents are not being submitted; and it is furtherORDERED, pursuant to Rule 4 of the Rules Governing Section 2254 Cases, that the Clerk of the Court shall serve copies of this Order and the petition for a writ of habeas corpus electronically upon the Attorney General of the State of New York and the District Attorney for Kings County; and it is furtherORDERED, that pursuant to Rule 5(e) of the Rules Governing Section 2254 Cases, Petitioner shall file any reply to Respondents answer within thirty (30) days of the filing of the answer; and it is furtherORDERED, that Respondent shall serve a copy of this order upon Petitioner, and file proof of service with the Clerk of the Court, within ten (10) days of the date of this order. So Ordered by Judge William F. Kuntz, II on 10/13/2020. (Helwig, Christopher)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Robert Reeves. (Davis, Kimberly) |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Robert Reeves. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
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| Respondent: Timothy McCarthy | |
| Represented By: | KINGS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
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| Petitioner: Robert Reeves | |
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