Rodriguez v. McAuliffe
| Brandon S. Rodriguez |
| Brian McAuliffe |
| 1:2021cv06543 |
| November 23, 2021 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| 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 7 NOTICE of Appearance by Paul B. Lyons on behalf of Brian McAuliffe (aty to be noticed) (Lyons, Paul) |
ORDER TO SHOW CAUSE and Electronic Service: Respondent shall show cause before this Court by filing an answer to the petition explaining why a writ of habeas corpus should not be issued within 60 days of this order. Respondent shall serve the answer on the petitioner, and shall file proof of service on the docket as a separate filing. Petitioner, within 30 days of receipt of respondent's answer, shall file a reply, if any, with the Court and serve a copy on respondent. The Clerk of Court shall serve a copy of this Order and of the petition on the Attorney General of the State of New York, Public Integrity Bureau, by certified mail to 28 Liberty Street, 15th Floor, New York, NY 10005, and on the District Attorney of Queens County, Conviction Integrity Unit, by certified mail to 125-01 Queens Boulevard, Kew Gardens, NY 11415. The Clerk of Court shall also mail a copy of this Order to petitioner. Petitioner is further granted leave to proceed in forma pauperis. Ordered by Judge Rachel P. Kovner on 12/7/2021. (Andrews, Stephen)
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| Filing 6 NOTICE of Memorandum of Law filed by Brandon S. Rodriguez. (Herrera, Isaiah) |
| Filing 5 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. (Neptune, Pierre) |
| Filing 4 Case transferred in from District of New York Northern; Case Number 9:21-cv-01240. Original file certified copy of transfer order and docket sheet received. |
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Filing 3
DECISION AND ORDER: It is ORDERED that this action is transferred to the United States District Court for the Eastern District of New York; and it is further ORDERED that the Clerk is directed to electronically transfer this action to the Clerk of the Eastern District of New York. The Court hereby waives the fourteen (14) day waiting period provided for in Local Rule 3.7; and it is further ORDERED that the Clerk serve a copy of this Decision and Order upon petitioner in accordance with the Local Rules. Signed by Senior Judge Thomas J. McAvoy on 11/23/2021. (Copy served via regular mail)(meb) [Transferred from New York Northern on 11/23/2021.]
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| ***CASE LIST REMOVE FROM AAF , proposed order sent to TJM's chambers. (meb) [Transferred from New York Northern on 11/23/2021.] |
| ***CASE LIST ADD TO AAF FOR Hab-I (meb) [Transferred from New York Northern on 11/23/2021.] |
| ***Pro Se Staff Attorney Adrienne Foederer assigned to this case. (meb) [Transferred from New York Northern on 11/23/2021.] |
| MOTION for Leave to Proceed in forma pauperis ( See Docket Entry #2 ) by Brandon S. Rodriguez. (Neptune, Pierre) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Brandon S. Rodriguez. (Mailing envelope included) (meb) [Transferred from New York Northern on 11/23/2021.] |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Brandon S. Rodriguez. (Attachments: #1 Exhibits, #2 Cover letter and mailing envelope)(meb) [Transferred from New York Northern on 11/23/2021.] |
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| Petitioner: Brandon S. Rodriguez | |
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| Respondent: Brian McAuliffe | |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Represented By: | QUEENS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
| Represented By: | Paul B. Lyons |
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