Williams v. McGuinness
| Eric Williams |
| Thomas McGuinness |
| 2:2022cv03226 |
| May 31, 2022 |
| 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 |
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Filing 4
ORDER TO SHOW CAUSE: It is hereby ORDERED as follows: 1. Within sixty (60) days of 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 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 opinionswith 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; 5. 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 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 Courtelectronically, 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. Petitioners motion to proceed in forma pauperis #3 is granted. (c/ecf & CM to Petitioner). So Ordered by Judge Gary R. Brown on 6/22/2022. (Cubano, Jazmin)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Eric Williams. (Cox, Dwayne) |
| Filing 2 MEMORANDUM in Support re: #1 Petition for Writ of Habeas Corpus filed by Eric Williams. (Cox, Dwayne) (Main Document 2 replaced on 6/9/2022) (Cox, Dwayne). |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Eric Williams. (Attachments: #1 Attachment In Support, #2 Civil Cover Sheet) (Cox, Dwayne) |
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| Petitioner: Eric Williams | |
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| Respondent: Thomas McGuinness | |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Represented By: | SUFFOLK COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
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