McCray v. Wolcott
Petitioner: Joseph McCray
Respondent: Superintendent Julie Wolcott
Case Number: 1:2020cv03920
Filed: August 25, 2020
Court: US District Court for the Eastern District of New York
Presiding Judge: William F Kuntz
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 25, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 25, 2020 Filing 5 Case transferred in from District of New York Western; Case Number 1:20-cv-01037. Original file certified copy of transfer order and docket sheet received.
August 24, 2020 Filing 4 TEXT ORDER denying #3 Motion for Reconsideration re #2 Order: Petitioner seeks reconsideration of this Court's order transferring his Section 2241 petition to the U.S. District Court for the Eastern District of New York. The Court's order did not hold that Petitioner must proceed under Section 2254 but, rather, expressly reserved that decision for the Eastern District of New York court to decide after transfer. See Dkt. 2, at 3 n.1. This Court recognizes that Petitioner challenges the validity of his state conviction. But that challenge does not change that Petitioner is in DOCCS (i.e., state) custody pursuant to a state conviction. See Dkt. 1, at 2, 4-6. As a result, venue for Petitioner's Section 2241 petition is proper in the Eastern District of New York for the reasons stated in the Court's prior order. See 28 U.S.C. 2241(d); Dkt. 2, at 2-3. The Clerk of Court shall transfer this case to the U.S. District Court for the Eastern District of New York. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 8/24/2020. (KEF)-CLERK TO FOLLOW UP-(Chambers mailed copy of text order to Petitioner on 8/24/2020.) [Transferred from New York Western on 8/25/2020.]
August 21, 2020 Filing 3 MOTION for Reconsideration re #2 Order to transfer by Joseph McCray.(SG) [Transferred from New York Western on 8/25/2020.]
August 12, 2020 Opinion or Order Filing 2 ORDER transferring the action to the Eastern District of New York. Signed by Hon. John L. Sinatra, Jr. on 8/12/20. (SG) Plaintiff mailed copy. [Transferred from New York Western on 8/25/2020.]
August 6, 2020 The Pro Se Packet including: the Privacy Notice, Consent to Proceed before a Magistrate Judge and the Civil Case Timeline have been mailed to the Plaintiff. (BK) [Transferred from New York Western on 8/25/2020.]
August 6, 2020 Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (BK) [Transferred from New York Western on 8/25/2020.]
August 6, 2020 Filing 1 PETITION for Writ of Habeas Corpus, filed by Joseph McCray. (Attachments: #1 Envelope) (BK) [Transferred from New York Western on 8/25/2020.]

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Respondent: Superintendent Julie Wolcott
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Petitioner: Joseph McCray
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