Donadeo v. The People of The State of N.Y.
| Ann Marie Donadeo |
| The People of The State of N.Y. |
| 2:2024cv06093 |
| August 21, 2024 |
| US District Court for the Eastern District of New York |
| Steven I Locke |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Filing 5 Letter from the Pro Se Office to Pro Se Litigant, Ann Marie Donadeo, RE: This letter acknowledges receipt of your civil action. A docket number and Judge(s) have been assigned as indicated above. Please see document for further details. (AMF) |
| Filing 4 Pro Se Office Letter to Pro Se Litigant, Ann Marie Donadeo RE: Deficient Magistrate Consent Form. (Attachments: #1 Deficient Magistrate Consent Form) (HM) |
Electronic ORDER: Attorney NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC for The People of The State of N.Y. added. Ordered by Magistrate Judge Steven I. Locke on 9/16/2024. (AGB)
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Electronic ORDER TO SHOW CAUSE; Electronic ORDER granting DE #2 Motion for Leave to Proceed in forma pauperis: The Court ORDERS that: (1) Petitioner's motion at DE #2 for leave to proceed in forma pauperis is granted. Upon review of the declaration accompanying Plaintiff's application to proceed in forma pauperis, the Court concludes that Plaintiff is qualified to commence this action without prepayment of the filing fee. See 28 U.S.C. 1915(a)(1), 1915A(a). The Court shall mail a copy of this Order to Plaintiff at her address of record. (2) Within sixty (60) days of receipt of this order, the Attorney General of the State of New York, or the District Attorney of Suffolk County, as attorney for Respondent, shall: (a) show cause before this Court by the filing of a return to Petitioner, why a writ of habeas corpus should not be issued; and (b) serve a copy of their return on Petitioner herein and file the original thereof with proof of such service, with the Clerk of this Court; (3) Simultaneously, Respondent shall 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; (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 (or any motion to dismiss), shall file a reply, if any, with the Clerk of this Court and serve a copy thereof upon Respondent; (6) If Respondent serves and files a motion to dismiss the petition on the grounds that it was not timely filed or not exhausted, Respondent may, if appropriate, defer filing a return (and the accompanying State Court Record) pending the determination of the motion to dismiss; (7) Service of a copy of this Order to Show Cause shall be made by the Clerk of this Court (a) electronically, together with a copy of the petition, to the Attorney General of the State of New York and to the District Attorney of Suffolk County, and (b) by mailing a copy of this order to Petitioner.Attorney SUFFOLK COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC for The People of The State of N.Y. added. Ordered by Magistrate Judge Steven I. Locke on 9/16/2024. (AGB) Modified on 9/17/2024 (KG).
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| Filing 3 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (DC) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Ann Marie Donadeo. (DC) |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Ann Marie Donadeo. (Attachments: #1 Civil Cover Sheet) (DC) |
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| Petitioner: Ann Marie Donadeo | |
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| Respondent: The People of The State of N.Y. | |
| Represented By: | SUFFOLK COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
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