Rodriguez v. LaManna
| Jose Rodriguez |
| J. LaManna |
| 2:2018cv07196 |
| December 17, 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 8
ORDER re Petitioner's letter, dated January 2019 (ECF No. #7 ), opposing respondent's request for an extension of time to respond to the petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 (ECF No. #5 .) Accordingly, the Court concludes that respondent's request for an extension was properly granted, and respondent shall file its response to the petition on or before March 18, 2019. Petitioner shall file his reply, if any, within twenty (20) days of receipt by him of a copy of the return. So Ordered by Judge Joseph F. Bianco on 2/6/2019. c/m to pro se Petitioner by chambers (Coleman, Laurie) Modified on 2/7/2019 (Coleman, Laurie).
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| Filing 7 Letter dtd 1/30/19 from pro se to Judge Bianco RE: requesting that Suffolk County DA's request for enlargement of time be denied (Bollbach, Jean) |
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Filing 6
ORDER granting #5 Motion for Extension of Time to Answer; IT IS HEREBY ORDERED that respondent's request is granted. Respondent shall file a response on or before March 18, 2019. Petitioner shall file his reply, if any, within twenty (20) days of receipt by him of a copy of the return. (CM by Chambers). SO Ordered by Judge Joseph F. Bianco on 1/25/2019. (Cubano, Jazmin)
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| Filing 5 First MOTION for Extension of Time to File Answer re #3 Order on Motion for Leave to Proceed in forma pauperis,,,,,,,, Order to Show Cause,,,,,,, relating to petitioner's application for a Writ of Habeas Corpus by J. LaManna. (Kucera, Marcia) |
| Filing 4 NOTICE of Appearance by Marcia R. Kucera on behalf of J. LaManna (aty to be noticed) (Kucera, Marcia) |
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Filing 3
ORDER granting #2 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: 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. Furtherrmore,pro se petitioner has filed an application to proceed informa pauperis. Upon review of the application, the Court finds that petitioner's financial status qualifies him to commence this action without prepayment of the filing fees. See 28 U.S.C. 19 I 5(a)(I ). Accordingly, petitioner's application to proceed informa pauperis (ECF No. 3) is GRANTED. Ordered by Judge Joseph F. Bianco on 1/15/2019. (Bollbach, Jean)cm by chambers
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Jose Rodriguez. (Cox, Dwayne) |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Jose Rodriguez. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne) |
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| Respondent: J. LaManna | |
| Represented By: | Marcia R. Kucera |
| Represented By: | SUFFOLK COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
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| Petitioner: Jose Rodriguez | |
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