Fuertes v. Gerbing
| Jose N. Fuertes |
| Kathleen Gerbing |
| 2:2019cv03401 |
| June 5, 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
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Filing 3
ORDER TO SHOW CAUSE: Accordingly, it is ORDERED, that 1) Petitioner's application to proceed in forma pauperis (ECF No. 2) is GRANTED; 2) 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; 3) Simultaneously, Respondent is required to electronically file the State Court Recordincluding 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 opinionswith no individual attachment exceeding twenty (20) megabytes; 4) Respondent is also directed to supply a hard copy of the State Court Record to Chambers clearly marked "Courtesy Copy, original filed on ECF"; 5) 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 Respondent; 6) If the District Attorney serves and files a motion to dismiss the Petition on the grounds that it was not timely filed, the District Attorney may defer filing a return (and the accompany 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. So Ordered by Judge Joan M. Azrack on 7/9/2019. (c/m to prose) (Ortiz, Grisel)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Jose N. Fuertes. (Landow, Concetta)
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Filing 1
PETITION for Writ of Habeas Corpus By a Person in State Custody, filed by Jose N. Fuertes. (Attachments: #1 Letter from Jose Fuertes, #2 Civil Cover Sheet) (Landow, Concetta)
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| Respondent: Kathleen Gerbing | |
| Represented By: | NASSAU COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
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| Petitioner: Jose N. Fuertes | |
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