Arroyo v. District Attorney, Queens County et al
| Anibal Arroyo |
| District Attorney Queens County, Ian Ramae, Esq. and Assistant District Attorney |
| 1:2024cv01356 |
| February 21, 2024 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing 7
ORDER TO SHOW CAUSE: As explained in the attached order, Respondent is directed to show cause regarding the petition for writ of habeas corpus #1 by 4/30/2024. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/26/2024. (MEG)
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| Filing 6 NOTICE of OPTION to Consent to Magistrate Judge Jurisdiction, filed by Anibal Arroyo. (SG) |
| Filing 5 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (CV) |
| The case of Arroyo v. District Attorney, Queens County et al, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 24-1356. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (CV) |
| Filing 4 Case transferred in from District of New York Southern; Case Number 1:24-cv-00780. Original file certified copy of transfer order and docket sheet received. Modified on 2/23/2024 (CV). |
| MAILING RECEIPT: Document No: 2. Mailed to: Anibal Arroyo DIN:19A4132 Shawangunk Correctional Facility P.O. Box 700 Wallkill, NY 12589. (vn) [Transferred from New York Southern on 2/23/2024.] |
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Filing 3
TRANSFER ORDER Petitioner, who is currently incarcerated at Shawangunk Correctional Facility, brings this pro se petition for a writ of habeas corpus under 28 U.S.C. 2254, challenging the constitutionality of his November 8, 2019 conviction in the New York Supreme Court, Queens County. Because Petitioner was convicted and sentenced in Queens County, which is located in the Eastern District of New York, this action is transferred under Local Rule 83.3 to the United States District Court for the Eastern District of New York. The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern District of New York. This order closes this case in this court. 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 2/14/2024) (jca) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 2/23/2024.] Modified on 2/23/2024 (CV).
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sgz) [Transferred from New York Southern on 2/23/2024.] |
| Pro Se Payment of Fee Processed: $5.00 Check processed by the Finance Department on 1/30/2024, Receipt Number 26009. (ss) [Transferred from New York Southern on 2/23/2024.] |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: Queens. Document filed by Anibal Arroyo. (sac) [Transferred from New York Southern on 2/23/2024.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 2/23/2024.] |
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