Riley v. OMH Commissioner of New York State Office of Mental Health
| Christopher Riley |
| OMH Commissioner of New York State Office of Mental Health |
| 1:2024cv01663 |
| March 4, 2024 |
| US District Court for the Eastern District of New York |
| Robert M Levy |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 9
ORDER TO SHOW CAUSE: Petitioner Christopher Riley, who is proceeding pro se, filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254, a copy of which is attached, on February 21, 2024. This case has been assigned to a Magistrate Judge pursuant to Administrative Order No. 2023-23, a copy of which is also attached. Petitioner and the Respondent may consent to the jurisdiction of the assigned Magistrate Judge for all purposes. Should all parties consent, they should complete and file the form attached to this Order. If all parties do not consent, a District Judge will be assigned to preside over the case thirty days after respondent files a return pursuant to the Order below. Pursuant to Rule 4 of the Rules Governing Section 2254 in the United States District Courts it is hereby ORDERED that: (1) petitioner's application to proceed in forma pauperis is granted; (2) within sixty days of the date of this Order, the Attorney General of the State of New York or the District Attorney of Kings County, as attorney for respondent, shall file with the Court and serve on petitioner a return that shows why a writ of habeas corpus should not be issued; (3) respondent shall electronically file a copy of the state court record with the Court at the time of filing its return and shall submit copies of petitioner's and the District Attorney's briefs on appeal or in connection with proceedings pursuant to C.P.L. 440; (4) petitioner may file a reply, if any, thirty days after respondent files its opposition papers;(5) the Clerk of Court shall electronically serve a copy of this Order, the underlying Petition, and the Memorandum of Law and Exhibits, if any, on the attorney for respondent, the Attorney General of the State of New York, and the District Attorney of Kings County. SO ORDERED by Magistrate Judge Robert M. Levy on 5/2/2024. (Attachments: #1 Administrative Order 2023-23, #2 MJ Consent Form, #3 Petition) (JM)
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| Filing 8 MOTION for Leave to Proceed in forma pauperis filed by Christopher Riley. (ENE) |
| Filing 7 AFFIDAVIT of Service served on 1 on 3/15/2024, filed by Christopher Riley. (ENE) (Main Document 7 replaced on 4/4/2024) (ENE). |
| Filing 6 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. (w/ Application to Proceed IFP enclosed) (VRM) |
| 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) |
| Filing 4 Case transferred in from District of New York Southern; Case Number 1:24-cv-01408. Original file certified copy of transfer order and docket sheet received. Modified on 3/6/2024 (CV). |
| The case of Riley v. OMH Commissioner of New York State Office of Mental Health, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 24-cv-1663. 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) |
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Filing 3
TRANSFER ORDER: Because the applicable state-court judgment was issued in Kings County, which is located in the Eastern District of New York, see 28 U.S.C. 112(c), the Court transfers this action, under Local Civil Rule 83.3 and 28 U.S.C. 2241(d), to the United States District Court for the Eastern District of New York. The Court directs the Clerk of Court 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 action 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, 444-45 (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 2/29/2024) (vfr) [Transferred from New York Southern on 3/6/2024.] Modified on 3/6/2024 (CV).
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| 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 (vfr) [Transferred from New York Southern on 3/6/2024.] |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) [Transferred from New York Southern on 3/6/2024.] |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Christopher Riley..(rdz) [Transferred from New York Southern on 3/6/2024.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 3/6/2024.] |
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