Santos v. Shanley et al
| Pedro Santos |
| Eric T. Schneiderman and R. Shanley |
| 2:2019cv03117 |
| May 24, 2019 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 22, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
ORDER TO SHOW CAUSE. The Court ORDERS that:(1) Within sixty (60) days of receipt of this order, the Attorney General of the State of New York, or the District Attorney of Nassau County, as attorney for respondent, shall: (a) show cause before this Court by the filing of a return to the petitioner, why a writ of habeas corpus should not be issued; and (b) shall serve a copy of their return on the petitioner herein and file the original thereof with proof of such service, with the Clerk of this Court; (2) Simultaneously, respondent is required to electronically file the State Court Record--including the 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--with no individual attachment exceeding twenty (20) megabytes; (3) Respondent is also directed to supply a hard copy of the State Court Record to Chambers clearly marked Courtesy Copy, original filed on ECF; (4) Petitioner, within twenty-one (21) days of service of a copy of the return, shall file a reply, if any, with the Clerk of this Court and serve a copy thereof upon respondents; (6) If Respondent serves and files a motion to dismiss the petition on the grounds that it was not timely filed, Respondent may defer filing a return (and the accompanying State Court Record) pending the determination of the motion to dismiss; and (7) Service of a copy of this Order to Show Cause shall be made by the Clerk of this Court electronically, together with a copy of the petition, to the Attorney General of the State of New York and to the District Attorney of Nassau County, and by mailing a copy of this order to the petitioner.Ordered by Judge Joan M. Azrack on 7/22/2019. (RT)
|
| Filing 8 Letter from Pro Se Petitioner Pedro Santos dated 7/2/2019 Re: Supplemental Documents to #2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. (Attachments: #1 Brief for Defendant-Appeallant ind No. 141N/11 / A.D. No. 2016-05076, #2 Brief for Defendant-Appeallant ind No. 141N/11 / A.D. No. 2016-05076, #3 Brief for Defendant-Appeallant ind No. 141N/11 / A.D. No. 2016-05076) (Ortiz, Grisel) |
| Filing 7 FILING FEE: $5.00, Receipt Number: 4653141400. (Valle, Christine) |
| Filing 6 Letter from Pedro Santos to Clerk dated 6/15/2019 Re: Petition for Writ of Habeas Corpus filing fee. (Valle, Christine) |
| Filing 5 Case transferred in from District of New York Southern; Case Number 1:19-cv-02984. Original file certified copy of transfer order and docket sheet received. |
| Mailed a copy of #4 Transfer Order E.D.N.Y. (Petition) (case opening only), to Pedro Santos DIN No. 12A3149 Coxsackie Correctional Facility P.O. Box 999 Coxsackie, NY 12051-0999. (aea) [Transferred from New York Southern on 5/24/2019.] |
| 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. (rjm) [Transferred from New York Southern on 5/24/2019.] |
|
Filing 4
TRANSFER ORDER. Because Petitioner was convicted and sentenced in Nassau County, which is located in the Eastern District of New York, the Court transfers this action under Local Civil Rule 83.3 to the United States District Court for the Eastern District of New York. The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Petitioner, and note service on the docket. The Clerk of Court is further directed 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 prepayment of fees is a determination to be made by the transferee court. This order closes this action. 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 Colleen McMahon on 5/17/2019) (rjm) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 5/24/2019.]
|
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (rjm) [Transferred from New York Southern on 5/24/2019.] |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Pedro Santos, DIN No. 12A3149, at Coxsackie Correctional Facility P.O. Box 999 Coxsackie, NY 12051-0999 on 5/17/2019. (bwa) [Transferred from New York Southern on 5/24/2019.] |
| Filing 3 LETTER from P. Santos, dated 5/13/19 re: Petitioner requests that the Court inform him as to whether his Petition has been granted. Document filed by Pedro Santos.(sc) [Transferred from New York Southern on 5/24/2019.] |
| Request for Copy of the updated Docket Sheet Received: Re #3 Letter. Request for Docket Report, from Pedro Santos received on 5/15/19. Transmission to Pro Se Assistants for processing. (sc) [Transferred from New York Southern on 5/24/2019.] |
| Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Pedro Santos. (sac) [Transferred from New York Southern on 5/24/2019.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Pedro Santos.(sac) [Transferred from New York Southern on 5/24/2019.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 5/24/2019.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
