Fernandez v. Capra
Plaintiff: Welington Fernandez
Defendant: Michael Capra
Petitioner: Welinton Fernandez
Case Number: 1:2023cv01941
Filed: March 10, 2023
Court: US District Court for the Eastern District of New York
Presiding Judge: Eric R Komitee
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 18, 2023 Filing 8 AFFIDAVIT of Service for Court's Order to Show Cause dated 04/17/23 served on Welinton Fernandez on 4/18/23, filed by Michael Capra. (Nealon, Rebecca)
April 17, 2023 Opinion or Order Filing 7 ORDER TO SHOW CAUSE re #1 Petition for Writ of Habeas Corpus filed by Welinton Fernandez -- Petitioner's motion to proceed in forma pauperis #6 is granted. Respondent shall file a complete answer or other pleading in response to the petition on or before June 16, 2023. No reply is required; however, should Petitioner choose to reply, Petitioner shall file any reply to Respondents responsive pleading on or before July 7. The Clerk of Court shall electronically serve copies of this order and petition for writ of habeas corpus upon the Attorney General of the State of New York and the District Attorney for Queens County. Respondent shall serve a copy of this order upon Petitioner, and file proof of service with the Clerk of Court, on or before April 27, 2023. ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 4/17/2023. (COPY MAILED). (AG)
March 24, 2023 Filing 6 MOTION for Leave to Proceed in forma pauperis filed by Welington Fernandez. (VM)
March 14, 2023 Filing 5 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. Mailed out on 3/14/2023 (KD)
March 14, 2023 Filing 4 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. (KD)
March 14, 2023 Filing 3 Case transferred in from District of New York Southern; Case Number 1:23-cv-01845. Original file certified copy of transfer order and docket sheet received.
March 6, 2023 MAILING RECEIPT: Document No: 2. Mailed to: Welington Fernandez 20-A-0331 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (dsh) [Transferred from New York Southern on 3/14/2023.]
March 3, 2023 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(rdz) [Transferred from New York Southern on 3/14/2023.]
March 3, 2023 Opinion or Order Filing 2 TRANSFER ORDER: The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Eastern District of New York. Whether Petitioner should be permitted to proceed further without payment of fees is a determination to be made by the transferee court. This order closes this case. Because Petitioner has not at this time made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue under 28 U.S.C. 2253. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 44445 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/3/23) (rdz) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 3/14/2023.]
March 3, 2023 NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac) [Transferred from New York Southern on 3/14/2023.]
March 2, 2023 Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Welington Fernandez..(rdz) [Transferred from New York Southern on 3/14/2023.]
March 2, 2023 Case Designated ECF. (rdz) [Transferred from New York Southern on 3/14/2023.]

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Plaintiff: Welington Fernandez
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Defendant: Michael Capra
Represented By: QUEENS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC
Represented By: NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC
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Petitioner: Welinton Fernandez
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