Garcia v. LaClair
| Frank Garcia |
| Darwin LaClair |
| 1:2020cv04259 |
| September 11, 2020 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Kiyo A Matsumoto |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on December 10, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 10
ORDER TO SHOW CAUSE & ORDER granting #5 Petitioner's Motion for Leave to Proceed in forma pauperis. For the reasons stated in the attached Order, Mr. Garcia is directed to show cause within 60 days why his petition should not be dismissed as time-barred. The Clerk of Court shall serve a copy of this Order upon Petitioner at his address of record. Ordered by Judge Kiyo A. Matsumoto on 9/21/2020. (Mayer, Michael)
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| Filing 9 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 8 Case transferred in from District of New York Northern; Case Number 9:20-cv-00936. Original file certified copy of transfer order and docket sheet received. |
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Filing 7
DECISION AND ORDER: ORDERED that the Clerk is directed to electronically transfer this action to the Clerk of the Eastern District of New York. Signed by Senior Judge Gary L. Sharpe on 9/11/2020. {order served via regular mail on petitioner}(nas )[Transferred from New York Northern on 9/15/2020.]
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| MOTION for Leave to Proceed in forma pauperis See Document #5 by Frank Garcia. (Davis, Kimberly) |
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Filing 6
TEXT ORDER REOPENING CASE: This action was administratively closed due to petitioner's failure to comply with the filing fee requirements, and petitioner was directed to respond to the Order if s/he wished to pursue this action. Petitioner has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by Senior Judge Gary L. Sharpe on 9/8/2020. {text order served via regular mail on petitioner}(nas ) [Transferred from New York Northern on 9/15/2020.]
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| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Frank Garcia.(nas, ) [Transferred from New York Northern on 9/15/2020.] |
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Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that petitioner's IFP Application is DENIED as incomplete. ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that if petitioner wants to pursue this action, he must so notify the Court WITHIN THIRTY (30) DAYS of the filing date of this Order and either: (1) pay the court's filing fee of five dollars ($5.00); or (2) submit a completed and signed IFP Application that has been certified by an appropriate prison official at his facility. Signed by Senior Judge Gary L. Sharpe on 8/20/2020. (Attachments: #1 ifp application){petitioner served via regular mail}(nas) [Transferred from New York Northern on 9/15/2020.]
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| Filing 3 MOTION for Leave to Proceed in forma pauperis filed by Frank Garcia.(nas, ) [Transferred from New York Northern on 9/15/2020.] |
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Filing 2
Order to Show Cause submitted by Garcia (nas, ) [Transferred from New York Northern on 9/15/2020.]
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| Filing 1 PETITION for Writ of Habeas Corpus filed by Frank Garcia. (Attachments: #1 exhibit A, #2 exhibit B, #3 exhibit C, #4 exhibit D, #5 envelope)(nas, ) [Transferred from New York Northern on 9/15/2020.] |
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| Respondent: Darwin LaClair | |
| Represented By: | QUEENS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
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| Petitioner: Frank Garcia | |
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