Parker v. Superintendent
| Eddie Parker |
| Superintendent |
| 2:2018cv05420 |
| September 26, 2018 |
| US District Court for the Eastern District of New York |
| Joseph F Bianco |
| 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 16 NOTICE of Appearance by Cristin N. Connell on behalf of Superintendent (aty to be noticed) (Connell, Cristin) |
Filing 15
ORDER TO SHOW CAUSE : (1) the Attorney General of the State of New York or the District Attorney of Nassau County, as attorney for respondent, shall respond within thirty (30) days of receipt of this Order, and shall serve a copy of the return on the petitioner herein and file the original thereof with proof of service with the Clerk of this Court; (2) respondent shall provide the Court, at the time of the filing of the return, with the following: information addressing prose petitioner's claim that he was never convicted; the state court trial transcript and record; copies of petitioner's and the District Attorney's briefs on appeal; briefs in connection with any proceedings pursuant to section 440 of the New York Criminal Procedure Law; briefs in connection with any proceedings pursuant to an application for a writ of error coram nobis; and all relevant state court decisions and opinions. (3) petitioner, within twenty (20) days of receipt by him of a copy of the return, shall file his reply, if any, with the Clerk of this Court; and (4) service of a copy of this Order and a copy of the petition shall be made by the Clerk of his Court electronically by Notice of Electronic Filing to respondent, and by mailing a copy of this Order to the petitioner. Furthermore, pro se petitioner has filed an application to proceed in forma pauperis. However, prose petitioner paid the requisite $5.00 filing fee on November 11, 2018 (ECF No. 11). Accordingly, petitioner's application to proceed informa pauperis (ECF No. 3) is DENIED as moot. See 28 U.S.C. l 915(a)(l). Ordered by Judge Joseph F. Bianco on 11/15/2018. (Bollbach, Jean)cm by chambers
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| Filing 13 Letter requesting removal of Suffolk County District Attorney as wrong party by Superintendent (Green, Glenn) |
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Filing 12
ORDER denying as moot [] Motion for Leave to Proceed in forma pauperis; ORDER TO SHOW CAUSE IT IS HEREBY ORDERED that (1) the Attorney General of the State of New York or the District Attorney of Suffolk County, as attorney for respondent, shall respond within thirty (30) days of receipt of this Order, and shall serve a copy of the return on the petitioner herein and file the original thereof with proof of service with the Clerk of this Court; (2) respondent shall provide the Court, at the time of the filing of the return, with the following: information addressing pro se petitioner's claim that he was never convicted; the state court trial transcript and record; copies of petitioner's and the District Attorney's briefs on appeal; briefs in connection with any proceedings pursuant to section 440 of the New York Criminal Procedure Law; briefs in connection with any proceedings pursuant to an application for a writ of error coram nobis; and all relevant state court decisions and opinions. (3) petitioner, within twenty (20) days of receipt by him of a copy of the return, shall file his reply, if any, with the Clerk of this Court; and (4) service of a copy of this Order and a copy of the petition shall be made by the Clerk of this Court electronically by Notice of Electronic Filing to respondent, and by mailing a copy of this Order to the petitioner. Furthermore, pro se petitioner has filed an application to proceed in forma pauperis. However, prose petitioner paid the requisite $5.00 filing fee on November 11, 2018 (ECF No. 11). Accordingly, petitioner's application to proceed informa pauperis (ECF No. 3) is DENIED as moot. See 28 U.S.C. 1915(a)(l). Ordered by Judge Joseph F. Bianco on 11/14/2018. (Bollbach, Jean)cm by chambers
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| Filing 14 Letter untd from pro se to Court RE: submitting correct IFP motion and prisoner account statement (Attachments: #1 corrected, #2 prisoner account statement) (Bollbach, Jean) |
| Filing 11 FILING FEE: $ 5.00, receipt number 026505 (Bollbach, Jean) |
| Filing 10 Letter dtd 10/31/18 from pro se to Court RE: in response to your letter dtd 10/18/18 (Bollbach, Jean) |
| Filing 9 Letter dtd 10/31/18 from court to pro se RE: received letter no ifp enclosed - enclosing one for you (Bollbach, Jean) |
| Filing 8 Letter dtd 10/22/18 from pro se to Court RE: ifp application enclosed (Bollbach, Jean) |
| Filing 7 Letter dtd 10/18/18 from Court to pro se Mr. Parker RE: Your proposed civil summons is being returned to you without docketing or consideration as the Court has not received either your completed in (IFP) application or the five dollar fee requited to file a Petition for Writ of Habeas Corpus under 28 U.S.C. 2254. (Bollbach, Jean) |
| Filing 6 Letter dtd. 10/4/18 from pro se to Court RE: notice and demand filed - I am not challenging any sentence or conviction - I have been kidnapped by the NYS Corr. (Bollbach, Jean) |
| Filing 5 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. These papers are deficient as your IFP application was improper. (Cubano, Jazmin) |
| Filing 4 Case transferred in from District of New York Northern; Case Number 9:18-cv-01088. Original file certified copy of transfer order and docket sheet received. |
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Filing 3
DECISION AND ORDER: ORDERED that this action is transferred to the United States District Court for the Eastern District of New York. 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 83.6. Signed by Senior Judge Thomas J. McAvoy on 9/26/18. (served on petitioner by regular mail)(alh, ) [Transferred from New York Northern on 9/27/2018.]
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| MOTION for Leave to Proceed in forma pauperis see document #2 Request to Proceed in Forma Pauperis by Eddie Parker. (Cox, Dwayne) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Eddie Parker.(nas, ) [Transferred from New York Northern on 9/27/2018.] |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Eddie Parker. (Attachments: #1 Exhibit(s), #2 envelope)(nas, ) [Transferred from New York Northern on 9/27/2018.] |
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| Petitioner: Eddie Parker | |
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| Respondent: Superintendent | |
| Represented By: | NASSAU COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Represented By: | Cristin N. Connell |
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