McFadden v. Cuomo

McFadden v. Cuomo

Petitioner:	Reginald G. McFadden
Respondent:	Andrew Cuomo
Case Number:	2:2015cv00119
Filed:	February 12, 2015
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Joanna Seybert
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)

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Date Filed	Document Text
December 15, 2015	Filing 15 MEMORANDUM & ORDER TRANSFERRING CASE AS SUCCESSIVE PETITION; This Court transfers this case to the US Court of Appeals for the Second Circuit. For the foregoing reasons, McFadden's habeas corpus petition is DENIED. The Clerk of the Court is r espectfully directed to transfer this Petition to the United States Court of Appeals for the Second Circuit pursuant to 28 U.S.C. § 1631. Upon transfer of this petition, the Clerk of the Court is directed to CLOSE this case. If the Second Circui t authorizes Petitioner to proceed in this matter, Petitioner shall move to reopen this docket number. The Clerk of the Court is directed to serve a copy of this Memorandum and Order on Petitioner and to note such service on the docket. So Ordered by Judge Joanna Seybert on 12/15/2015. C/M; C/ECF (Valle, Christine)
February 12, 2015	Filing 5 MEMORANDUM & ORDER granting 2 Motion for Leave to Proceed in forma pauperis; Pursuant to Rule 4 of the Rules Governing Section 2254 Cases, the Court has conducted an initial review of this Petition and has determined that this Petition should not be summarily dismissed pursuant to Rule 4. Accordingly, it is ORDERED that the Clerk of the Court shall serve, by electronic transmission, a copy of this Order, the underlying Petition, and Supporting Affidavit, on the Attorney General of the State of New York, the attorney for the Respondent. ORDERED that Respondent shall file a limited answer to the Petition within thirty (30) days of the date of this Order addressing the issue of whether Petitioner must first seek permission from the Court o f Appeals in order to file this Petition in the District Court; If Respondent concedes that the Petition is properly filed in this Court, Respondent shall file a complete and entire answer to the Petition within sixty (60) days of the date of this O rder. In such case, Respondent shall prepare the state court record to be produced and filed with the Court. No reply is required, however, should Petitioner want to reply, he shall serve a reply on Respondent's counsel and with the Court within thirty (30) days of his receipt of the answer. So Ordered by Judge Joanna Seybert on 2/12/2015. C/M; C/ECF (Valle, Christine)

Date Filed

Document Text

December 15, 2015

Filing 15 MEMORANDUM & ORDER TRANSFERRING CASE AS SUCCESSIVE PETITION; This Court transfers this case to the US Court of Appeals for the Second Circuit. For the foregoing reasons, McFadden's habeas corpus petition is DENIED. The Clerk of the Court is r espectfully directed to transfer this Petition to the United States Court of Appeals for the Second Circuit pursuant to 28 U.S.C. § 1631. Upon transfer of this petition, the Clerk of the Court is directed to CLOSE this case. If the Second Circui t authorizes Petitioner to proceed in this matter, Petitioner shall move to reopen this docket number. The Clerk of the Court is directed to serve a copy of this Memorandum and Order on Petitioner and to note such service on the docket. So Ordered by Judge Joanna Seybert on 12/15/2015. C/M; C/ECF (Valle, Christine)

February 12, 2015

Filing 5 MEMORANDUM & ORDER granting 2 Motion for Leave to Proceed in forma pauperis; Pursuant to Rule 4 of the Rules Governing Section 2254 Cases, the Court has conducted an initial review of this Petition and has determined that this Petition should not be summarily dismissed pursuant to Rule 4. Accordingly, it is ORDERED that the Clerk of the Court shall serve, by electronic transmission, a copy of this Order, the underlying Petition, and Supporting Affidavit, on the Attorney General of the State of New York, the attorney for the Respondent. ORDERED that Respondent shall file a limited answer to the Petition within thirty (30) days of the date of this Order addressing the issue of whether Petitioner must first seek permission from the Court o f Appeals in order to file this Petition in the District Court; If Respondent concedes that the Petition is properly filed in this Court, Respondent shall file a complete and entire answer to the Petition within sixty (60) days of the date of this O rder. In such case, Respondent shall prepare the state court record to be produced and filed with the Court. No reply is required, however, should Petitioner want to reply, he shall serve a reply on Respondent's counsel and with the Court within thirty (30) days of his receipt of the answer. So Ordered by Judge Joanna Seybert on 2/12/2015. C/M; C/ECF (Valle, Christine)

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Respondent: Andrew Cuomo
Represented By:	Paul B. Lyons
Represented By:	NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC
Represented By:	Judith R. Sternberg
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Petitioner: Reginald G. McFadden
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