Portillo v. Sini et al
Jose Portillo and Soldado |
Michael J. Franchi, Dennis M. Brown and Timothy Sini |
2:2019cv04106 |
July 16, 2019 |
US District Court for the Eastern District of New York |
Joan M Azrack |
Prisoner: Civil Rights |
28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
None |
Docket Report
This docket was last retrieved on August 9, 2019. A more recent docket listing may be available from PACER.
Document Text |
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ORDERED, that: 1) Within sixty (60) days of receipt of this order, attorney for defendants 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, defendants are required to electronically file the State Court Record--including the trial transcript and record; copies of petitioners and the District Attorneys 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) Defendants are 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 defendants; 5) If defendants serve and file a motion to dismiss the petition on the grounds that it was not timely filed, defendants may defer filing a return (and the accompanying State Court Record) pending the determination of the motion to dismiss; and 6) 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 District Attorney of Suffolk County, and by mailing a copy of this order to the petitioner. Ordered by Judge Joan M. Azrack on 8/9/2019. (Manzo, Michael) |
Filing 8 Letter by Dennis M. Brown, Michael J. Franchi, Timothy Sini (Petre, Michael) |
Filing 7 NOTICE of Appearance by Michael J Petre on behalf of All Defendants (aty to be noticed) (Petre, Michael) |
Filing 6 CERTIFICATE OF SERVICE by Jose Portillo (Attachments: #1 Certificate of Service) (Hanshe, Joseph) |
Filing 5 AFFIDAVIT of Service for Proof of Service of Writ served on Dennis Brown Esq., SC Atty on 07/19/2019, filed by Jose Portillo. (Attachments: #1 Certificate of Service, #2 Certificate of Service, #3 Certificate of Service) (Hanshe, Joseph) |
Filing 4 AFFIDAVIT of Service for Writ of Habeus Corpus served on Timothy Sini, DA on 7/18/2019, filed by Jose Portillo. (Hanshe, Joseph) |
Filing 3 Summons Issued as to Dennis M. Brown, Michael J. Franchi, Timothy Sini. (Doudalis, Evelyn) |
Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Doudalis, Evelyn) |
Filing 1 First PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-11667612, filed by Jose Portillo. Was the Disclosure Statement on the Civil Cover Sheet completed-No. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F) (Hanshe, Joseph) (Attachment 1 replaced on 7/16/2019) (Doudalis, Evelyn). Modified on 7/16/2019 (Doudalis, Evelyn). |
Incorrect Document Entry Information. Replaced Civil Cover Sheet in Attachment 1 of Docket Entry 1, as it was for a different case, with corrected Civil Cover Sheet sent by Petitioner's counsel. (Doudalis, Evelyn) |
Case Assigned to Judge Joan M. Azrack. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Doudalis, Evelyn) |
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