Gibson v. Bell
| Michael S. Gibson |
| Earl Bell |
| 2:2020cv02584 |
| June 8, 2020 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| 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 CERTIFICATE OF SERVICE by Earl Bell re #6 Memorandum in Opposition to petition for writ of habeas corpus (Leiter, Monica) |
| Filing 7 STATE COURT RECORD (Attachments: #1 trial transcript part 1, #2 trial transcript part 2, #3 trial transcript part 3, #4 trial transcript part 4, #5 trial transcript part 5, #6 trial transcript part 6, #7 trial transcript part 7, #8 trial transcript part 8, #9 trial transcript part 9, #10 trial transcript part 10, #11 trial transcript part 11, #12 trial transcript part 12, #13 trial transcript part 13, #14 trial transcript part 14, #15 trial transcript part 15, #16 trial transcript part 16, #17 trial transcript part 17, #18 trial transcript part 18, #19 trial transcript part 19, #20 trial transcript part 20, #21 trial transcript part 21, #22 trial transcript part 22, #23 trial transcript part 23, #24 trial transcript part 24, #25 trial transcript part 25, #26 trial transcript part 26, #27 trial transcript part 27, #28 trial transcript part 28, #29 trial transcript part 29, #30 trial transcript part 30, #31 trial transcript part 31, #32 trial transcript part 32, #33 trial transcript part 33, #34 trial transcript part 34, #35 trial transcript part 35, #36 trial transcript part 36, #37 trial transcript part 37, #38 trial transcript part 38, #39 trial transcript part 39, #40 trial transcript part 40, #41 Respondent's brief, #42 Reply brief, #43 Letter to Appellate Division, #44 Appellate decision, #45 Notice of entry, #46 Leave request, #47 Opposition to motion for leave to appeal, #48 Motion for leave to appeal denied, #49 Notice of entry, #50 leave application, #51 Opposition to leave application, #52 Further support for leave application, #53 corrected letter denying leave, #54 Order denying leave, #55 Frye decision, #56 Huntley transcript part 3, #57 Huntley transcript part 1, #58 Huntley transcript part 2, #59 Hearing transcript part 1, #60 Hearing transcript part 2, #61 Sentencing minutes, #62 Notice of appeal, #63 440 motion, #64 440 opposition, #65 440 reply, #66 440 denied, #67 notice of entry, #68 Exhibit 147 part 1, #69 Exhibit 147 part 2, #70 Exhibit 147 part 3, #71 Exhibit 147 part 4, #72 Exhibit 147 part 5, #73 Exhibit 147 part 6, #74 Exhibit 147 part 7, #75 Exhibit 147 part 8, #76 Exhibit 147A for ID, #77 Frye motion, #78 Frye motion opposition and denial) (Leiter, Monica) |
| Filing 6 MEMORANDUM in Opposition to petition for writ of habeas corpus filed by Earl Bell. (Leiter, Monica) |
| Filing 5 Letter providing a copy of the Court's local rules to petitioner by Earl Bell (Leiter, Monica) |
| Filing 4 NOTICE of Appearance by Monica Marie Cullen Leiter on behalf of Earl Bell (aty to be noticed) (Leiter, Monica) |
Filing 3
ORDER TO SHOW CAUSE granting #2 Motion for Leave to Proceed in forma pauperis - Upon the issuance of a writ of habeas corpus pursuant to 28 U.S.C. 2254, filed with the Clerk of the Court on 6/8/2020, a copy of which is attached, it is hereby ORDERED as follows: 1. Within 60 days of the receipt of this order, the Suffolk County District Attorney (or Attorney General of the State of New York), as attorney for respondent, shall (a) show cause before this Court by the filing of a return to the petitioner, what a writ of habeas corpus should not be issued; and (b) shall serve a copy of its 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 the 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 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 21 days of service of a copy of the return, shall file a reply, if any, with the Clerk of this Court; 5. If the District Attorney serves and file 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 accompanying State Court Record) pending the determination of the motion to dismiss; 6. Service of a copy of this Order to Show Cause shall be made by the Clerk of the Court electronically, together with a copy of the petition, to the Suffolk County District Attorney and the Attorney General of the State of New York, and by mailing a copy of this Order to the petitioner, and 7. Petitioner's motion to proceed in forma pauperis is granted. SO Ordered by Judge Gary R. Brown on 6/15/2020. (Tirado, Chelsea)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Michael S. Gibson. (Cox, Dwayne) |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Michael S. Gibson. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne) |
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| Petitioner: Michael S. Gibson | |
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| Respondent: Earl Bell | |
| Represented By: | SUFFOLK COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Represented By: | Monica Marie Cullen Leiter |
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