Rivas v. Fischer, et al
| Hector Rivas |
| Anthony J. Annucci |
| 9:2001cv01891 |
| December 12, 2001 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Gary L Sharpe |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on December 16, 2016. A more recent docket listing may be available from PACER.
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Filing 127
TEXT ONLY ORDER - Plaintiff's motion to pay for the transcript of a motion hearing out of the CJA funds, (Dkt. No. #126 ), is GRANTED. The clerk is to coordinate with plaintiff's counsel to prepare the appropriate submission of a CJA-24 voucher for the court's review and consideration. IT IS SO ORDERED by Senior Judge Gary L. Sharpe on 12/16/16. (alh, )
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| Filing 126 MOTION for Leave to Proceed in forma pauperis to pay for hearing transcript filed by Hector Rivas. (Attachments: #1 Declaration, #2 Exhibit(s) Bill for Transcript) Pursuant to Fed.R.Civ.P. 6(d), an additional 3 (three) days for service may be allowed.(Langone, Richard) |
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Filing 125
TEXT ONLY ORDER - Petitioner Hector Rivas has died. Accordingly, his motion for release, (Dkt. No. 116), is DENIED as moot. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 7/21/2016. (jel, )
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Filing 124
TEXT ONLY ORDER - Petitioner's letter request to hold in abeyance the motion to release petitioner, (Dkt. No. 123), is GRANTED. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 7/6/2016. (jel, )
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| Filing 123 Letter Motion from Richard M. Langone for Hector Rivas requesting Motion Held In Abeyance submitted to Judge Sharpe . (Langone, Richard) |
| Filing 122 LETTER BRIEF by Anthony J. Annucci. (Steward, Priscilla) |
| Filing 121 TRANSCRIPT of Proceedings: Motion Hearing held on 6/20/2016 before Judge Gary L. Sharpe, Court Reporter: Jodi L. Hibbard, Telephone number: (315) 234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/14/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/21/2016. Notice of Intent to Redact due by 6/28/2016 (jlh, ) |
| Text Only Minute Entry for proceedings held before Senior Judge Gary L. Sharpe: CRD: John Law. Motion Hearing held on 6/20/2016 re #116 MOTION for Temporary Restraining Order Releasing Pet Pending Retrial MOTION for Preliminary Injunction filed by Hector Rivas : Appearances Made: Sidney Manes, Esq., for the petitioner, Kim Zimmer, Esq., for the state representation, Priscilla Steward, Esq., for the respondent and Rob Moran, Assistant District Attorney for the state prosecution. Court directs the petitioner to request the transcript to provide to petitioner's lead counsel. Court addresses parties that their will not be multiple attorney filings. Court addresses parties on jurisdiction and bail. Parties state their positions and arguments. The court gives the State 7 days to address jurisdiction and bail. The court gives petitioner 7 days to file a response. Court will render a decision expeditiously and/or determine if bail hearing necessary. (Court Reporter Jodi Hibbard) Time: 1:50-1:52 p.m. (jel, ) |
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Filing 120
TEXT ONLY ORDER - It has been brought to the court's attention by several attorneys, affiliated with this action or the state prosecution, that, for various reasons for example, illness, conflicting obligations in other legal matters, and preparation for a motion return before Hon. Thomas Miller in the state prosecution scheduled for Tuesday, June 14, 2016 they are unavailable or would be otherwise inconvenienced by appearing at the show cause hearing currently scheduled for June 13 at 1:00 P.M. The appearance of attorneys of record with first hand knowledge of the state prosecution is critical to the court's consideration of the pending application. For that reason, the show cause hearing is adjourned until Monday, June 20, 2016 at 1:00 P.M. As with the court's most recent order, (Dkt. No. 117), petitioner is ordered to provide a copy of this Text Only Order to defense counsel in the state prosecution and respondent is ordered to provide a copy of same to the Onondaga County District Attorney and Judge Miller. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 6/9/2016. (jel, )
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| Filing 119 RESPONSE in Support re #116 MOTION for Temporary Restraining Order Releasing Pet Pending Retrial MOTION for Preliminary Injunction filed by Hector Rivas. (Manes, Sidney) (Additional attachment(s) added on 6/9/2016: #1 Sealed Medical Records) (jel, ). |
| Filing 118 NOTICE of Appearance by Sidney Manes on behalf of Hector Rivas (Manes, Sidney) |
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Filing 117
ORDER - Petitioner Hector Rivas has moved by order to show cause for an order "[d]irecting the State of New York to release [him] from confinement pending his retrial for murder in the second degree in Onondaga County" and further directing him to report to Pretrial Services for the Southern District of New York within twenty-four hours of his release to be monitored under terms and conditions recommended by that entity. (Dkt. No. 116.) Because respondent Anthony J. Annucci was served a copy of the application through the courts electronic filing system, the service requirement is satisfied.A return on the motion is hereby scheduled for Monday, June 13, 2016 at 1:00 P.M. EST. at the U.S. Courthouse, 445 Broadway, Albany, New York, 12207 in Courtroom No. 6. Annucci is ordered to provide a copy of this Order to the Onondaga County District Attorney and the Honorable Thomas J. Miller, County Court Judge. Rivas is ordered to provide a copy of this Order to his state court trial counsel. A representative of the District Attorney's Office who is familiar with the pending matter of The People of the State of New York v. Hector Rivas, may, if he or she so chooses, be heard at the motion return. To the extent that attorney Kimberly M. Zimmer, who is an attorney of record in this action and, as the court understands it, also counsel to Rivas in the state prosecution, is unfamiliar with the state court procedural history and posture, the court will permit attorney Edward Klein to be heard at the return if he so chooses. IT IS SO ORDERED. Signed by Senior Judge Gary L. Sharpe on 6/2/2016. (jel, )
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| Filing 116 MOTION for Temporary Restraining Order Releasing Pet Pending Retrial, MOTION for Preliminary Injunction by Hector Rivas. (Attachments: #1 Affirmation Attorney Affirmation, #2 Exhibit(s) Ex. A (2nd Cir. OSC), #3 Exhibit(s) Ex. B (Hearing on OSC), #4 Exhibit(s) Ex. C (Decision), #5 Memorandum of Law Pet Memo of Law)(Langone, Richard) |
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Filing 115
ORDER granting #114 Motion for Limited Admission Pro Hac Vice of Richard M. Langone. Signed by Senior Judge Gary L. Sharpe on 5/25/16. (alh, )
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| Filing 114 MOTION for Limited Admission Pro Hac Vice of Richard M. Langone Filing fee $100, receipt number 0206-3678631. filed by Hector Rivas. (Attachments: #1 Certificate of Good Standing, #2 Sponsor Affidavit of Sidney L. Manes, #3 Oath of Admission, #4 Admission Order, #5 ECF Registration) (Manes, Sidney) |
| Filing 113 CERTIFIED ORDER of USCA issued on 5/19/16 as to #106 Notice of Appeal filed by Hector Rivas: Through counsel, petitioner-appellant Hector Rivas ("Rivas") has moved for certain relief in aid of enforcement of the Court's mandate. Based on the full record before us, including the many filings in this Court that followed the issuance of our mandate, the proceedings in the District Court, and the ongoing proceedings in the Onondaga County Court, we hereby DENY THE MOTION WITHOUT PREJUDICE to (1) any application for relief in the District Court, including a motion for bail pending retrial, and (2) following the District Court's ruling on any such application, a further appeal to this Court. (alh, ) |
| Filing 112 STATUS REPORT by Brian Fischer. (Steward, Priscilla) |
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Filing 111
TEXT ONLY ORDER - On March 11, 2015, the Court of Appeals for the Second Circuit ordered this court to "issue a writ of habeas corpus to Rivas by the sixtieth calendar day after the issuance of the mandate unless the state has, by that time, taken concrete and substantial steps expeditiously to retry Rivas." (Dkt. No. 108 at 1.) In light of County Court Judge Thomas J. Miller's correspondences dated March 26, 2015 and April 20, 2015, it appears as though the state has taken such concrete and substantial steps to expeditiously retry petitioner Hector Rivas in Onondaga County Court. (Dkt. Nos. 109, 110.) In any event, the parties are hereby directed to file a joint status report, if they are in agreement with respect to whether a writ should issue, or competing status reports, if they do not agree, by no later than Friday, May 8, 2015 at 12:00 P.M. IT IS SO ORDERED. Issued by Chief Judge Gary L. Sharpe on 5/4/2015. (jel, )
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| Filing 110 Letter dated April 20, 2015 from Hon. Thomas J. Miller to the court. (jel, ) |
| Filing 109 Letter dated March 26, 2015 from Hon. Thomas J. Miller, Judge to Chief Judge Gary L. Sharpe. (jel, ) |
| Filing 108 MANDATE of USCA issued 3/11/15 as to #106 Notice of Appeal filed by Hector Rivas: IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the District Court denying habeas relief is REVERSED and the cause is REMANDED. On remand, the District Court shall issue a writ of habeas corpus to Rivas by the sixtieth calendar day after the issuance of the mandate unless the state has, by that time, taken concrete and substantial steps expeditiously to retry Rivas. (alh, ) |
| USCA Case Number 13-2974 for #106 Notice of Appeal filed by Hector Rivas. (alh, ) |
| Filing 107 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #106 Notice of Appeal (nas, ) |
| Filing 106 NOTICE OF APPEAL as to #105 Judgment, #104 Order Dismissing Case by Hector Rivas. No fee paid. (Zimmer, Kimberly) |
| Filing 105 JUDGMENT in favor of Brian Fischer against Hector Rivas. (jel, ) |
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Filing 104
MEMORANDUM-DECISION and ORDER - That Rivas' Amended Petition (Dkt. No. 14) is DISMISSED and his application for a writ of habeas corpus is DENIED. Signed by Chief Judge Gary L. Sharpe on 8/6/2013. (jel, )
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| Filing 103 TRANSCRIPT of Proceedings: Motion Hearing held on May 29, 2013, before Judge Gary L. Sharpe, Court Reporter: Lisa L. Tennyson, Telephone number: (518) 257-1823. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/16/2013. Redacted Transcript Deadline set for 7/26/2013. Release of Transcript Restriction set for 9/23/2013. Notice of Intent to Redact due by 7/1/2013 (lt, ) |
| TRANSCRIPT REQUEST by Hector Rivas for proceedings held on May 29, 2013, before Judge Gary L. Sharpe.. (lt, ) |
| Filing 102 November 7, 1994 Corrected Appellant's BRIEF (Attachments: #1 Appellant's Appellate Brief November 7, 1994 Corrected Brief)(jel, ) |
| CLERK'S CORRECTION OF DOCKET ENTRY - Replaced complete Appellant's Brief [55-7] and uploaded November 7, 1994 corrected Appellant's Brief. (jel, ) |
| Filing 101 LETTER BRIEF by Hector Rivas. (Zimmer, Kimberly) |
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Filing 100
TEXT ONLY ORDER- On May 31, 2013, respondent Brian Fischer filed a letter brief regarding the recent decision in McQuiggin v. Perkins and its potential impact upon this case. (See Dkt. No. 99.) The court hereby grants petitioner Hector Rivas permission to file a response of no more than five (5) pages to Fischers letter brief by June 10, 2013. IT IS SO ORDERED. Signed by Chief Judge Gary L. Sharpe on 6/6/13. (cdw)
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| Filing 99 LETTER BRIEF re: McQuiggin v. Perkins by Brian Fischer. (Steward, Priscilla) |
| Filing 98 Minute Entry for proceedings held before Chief Judge Gary L. Sharpe: CRD: John Law. Motion Hearing held on 5/29/2013 re #91 Joint Letter Motion from Kimberly M. Zimmer for Hector Rivas requesting oral argument as to 2nd Circuit Mandate. Appearances Made: Kim Zimmer and Sally Wasserman, Esqs., for the petition and Priscilla Steward, Esq., for the defendant. Court turns to the petitioner. Atty. Zimmer discusses habeas relief. Court turns to issues of the 2nd Circuit Mandate. Atty. Zimmer discusses alibi defense and post-trial facts. Court understands points and indicates there were holes on the defense. Atty. Zimmer discusses state courts narrow Court discusses applying standard. Atty. Zimmer discusses 2nd Circuit finding. Court discusses the parts of the Brady claim. Court discusses the issue of time of death. Atty. Zimmer discusses ineffectiveness of cross-examination. Court presents questions to petitioners counsel. Atty. Zimmer states ineffective assistance of counsel, Brady claims Court inquires of a constitutional Brady claim. Court states does not understand as of a separate basis. Atty. Zimmer discusses late disclosure as exculpatory. Court turns to ineffective assistance of counsel claim boils down to assertion of alibi as to time of death if it was a reasonable tactical choice and the judge found that it was a reasonable choice. Atty. Zimmer states not supported by the record. Atty. Steward addresses the arguments of the petitioner. Court gives analysis of the record. Atty. Steward gives element for what the jury had to decide; discusses Brady claim. Atty. Zimmer discusses finding of jury and what the jury did not know. Court discusses what is pending before the court. Atty. Zimmer discusses Mitchells revision on time of death. States to Grand Jury maybe Friday...during trial states murder occurred on Friday to fit the prosecutions theory. Court will issue a decision in due course. (Court Reporter Lisa Tennyson) Time: 11:00-11:48 a.m. (jel, ) Modified on 5/30/2013 (jel, ). |
| Filing 97 REPLY MEMORANDUM OF LAW IN SUPPORT OF PETITIONER'S AMENDED HABEAS CORPUS PETITION re #93 Response to Habeas Petition, by Hector Rivas. (Attachments: #1 Certificate of Service)(Zimmer, Kimberly) Modified on 5/10/2013 to clarify submission(alh, ). |
| Filing 96 RESPONDENT'S REPLY TO PETITIONER'S SUPPLEMENTAL MEMORANDUM OF LAW, by Brian Fischer. (Steward, Priscilla) Modified on 5/10/2013 to clarify submission (alh, ). |
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Filing 95
Text Only Order - The parties request is granted. Responses to the supplemental briefs are to be filed on or before May 10, 2013. Oral argument has been rescheduled for May 29, 2013 at 11:00 a.m. in Albany, New York before Chief Judge Gary L. Sharpe. Issued by Chief Judge Gary L. Sharpe on 3/26/2013. (jel, )
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| Filing 94 Joint Letter Motion from Kimberly M. Zimmer for Hector Rivas requesting extension of time to file responding briefs submitted to Judge Gary L. Sharpe . (Zimmer, Kimberly) |
| TEXT ONLY NOTICE of Hearing on Motion #91 Joint Letter Motion from Kimberly M. Zimmer for Hector Rivas requesting oral argument submitted to Judge Sharpe : Motion Hearing set for 5/9/2013 at 10:00 AM in Albany before Chief Judge Gary L. Sharpe. Oral argument is required. (jel, ) |
| Filing 93 Supplemental Memorandum RESPONSE to #14 Petition for Writ of Habeas Corpus by Brian Fischer. (Steward, Priscilla) |
| Filing 92 AFFIDAVIT re #14 Petition for Writ of Habeas Corpus by Hector Rivas. (Attachments: #1 Memorandum of Law Supplemental Memo of Law, #2 Certificate of Service)(Zimmer, Kimberly) |
| Filing 91 Joint Letter Motion from Kimberly M. Zimmer for Hector Rivas requesting oral argument submitted to Judge Sharpe . (Zimmer, Kimberly) |
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Filing 90
ORDER granting #89 Letter requesting an extension of time to file supplemental briefs until March 15, 2013. Signed by Chief Judge Gary L. Sharpe on 1/9/2013. (jel, )
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| Filing 89 Letter Motion from Kimberly M. Zimmer for Hector Rivas requesting an extension of time to file supplemental briefs submitted to Judge Sharpe . (Zimmer, Kimberly) |
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Filing 88
ORDER - That Langone's motion (Dkt. No. 84) is DENIED as moot and, as such, the Clerk is directed to refund the $100.00 filing fee. Signed by Chief Judge Gary L. Sharpe on 12/11/2012. (jel, )
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| Filing 87 STATUS REPORT by Hector Rivas. (Zimmer, Kimberly) |
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Text Only Order - In accordance with the status report filed by petitioner Hector Rivas on November 6, 2012, the parties are ordered to submit supplemental briefs by January 25, 2013. Thereafter, the parties shall have fourteen (14) days within which to file a responsive submission, if they elect to, addressing any arguments raised in the opposing party's brief. Once the court receives all of the submissions, it will schedule an oral argument in this matter. IT IS SO ORDERED. Issued by Chief Judge Gary L. Sharpe on 11/6/2012. (jel, )
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| Text Only Minute Entry for proceedings held before Chief Judge Gary L. Sharpe: CRD: John Law. Telephone Conference held on 9/6/2012. Appearances Made: Kim Zimmer and Sally Wasserman, Esqs., for the petitioner and Priscilla Steward, Esq., for the defendants. Atty. Steward states evidentiary hearing not necessary; record is sufficient; seeks to file supplemental briefing. Court states not to expand the scope of the record. Atty. Zimmer states needs to reassemble record; case law procedure options; extensive record; advise client. Court states was seeking to expedite on mandate. Atty. Zimmer states will seek an extension of 60-90 days. Court gives Atty. Zimmer sixty (60) days (November 6, 2012) to file a papers or a status report seeking the additional thirty (30) day extension. Upon this procedure being completed, the court will then set forth the remaining briefing schedule. (Court Reporter Theresa Casal) Time: 1:00-1:15 p.m. (jel, ) |
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Text Only Order As an initial matter, Rivas' motion to appoint counsel is denied, (see Dkt. No. 83), as the court, in accordance with the Circuit's Mandate, already reappointed attorneys Kimberly Zimmer and Sally Wasserman to represent Rivas in this matter. Furthermore, in light of the respondent's intention to proceed in this court, (see Dkt. No. 86), the court agrees that a conference is necessary to expeditiously resolve this matter, (see Dkt. No. 85). To this end, a telephonic status conference will be conducted on Thursday, September 6, 2012 at 1:00 p.m. with counsel for the petitioner, attorneys Zimmer and Wasserman, and counsel for the respondent. Attorney Zimmer is directed to conference in all parties, and then initiate the call to chambers at (518) 257-1870. Both parties shall be prepared to discuss, among other things, whether a hearing is necessary to resolve this matter, and if so, when they are prepared to proceed with that hearing. IT IS SO ORDERED. ( Telephone Conference set for 9/6/2012 at 01:00 PM in Albany before Chief Judge Gary L. Sharpe). Signed by Chief Judge Gary L. Sharpe on 8/30/2012. (jel, )
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| Filing 86 STATUS REPORT by Brian Fischer. (Steward, Priscilla) |
| Filing 85 Letter Motion from Kimberly M. Zimmer for Hector Rivas requesting a conference be scheduled per Court's Aug. 1, 2012, text Order submitted to Judge Sharpe . (Zimmer, Kimberly) |
| Filing 84 MOTION for Limited Admission Pro Hac Vice of Richard M. Langone Filing fee $100, receipt number SYR032427. (alh, ) |
| Filing 83 MOTION to Appoint Counsel filed by Hector Rivas. (alh, ) |
| Filing 82 CERTIFICATE OF SERVICE by Hector Rivas re #81 Status Report (Manes, Sidney) |
| Filing 81 STATUS REPORT by Hector Rivas. (Manes, Sidney) |
| Filing 80 STATUS REPORT Response to Mr. Manes's Letter Request by Brian Fischer. (Steward, Priscilla) |
| Filing 79 STATUS REPORT Response to Manes' 8.1.12 Letter Request by Hector Rivas. (Zimmer, Kimberly) |
| Filing 78 RESPONSE TO LETTER BRIEF filed by Hector Rivas as to #76 Status Report filed by Hector Rivas . (Wasserman, Sally) |
| Filing 77 CERTIFICATE OF SERVICE by Hector Rivas re #76 Status Report and Request (Manes, Sidney) |
| Filing 76 STATUS REPORT and Request by Hector Rivas. (Manes, Sidney) |
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Filing 75
LETTER dated August 1, 2012 by Priscilla Steward, AAG, and ORDER granting request for an extension of time until August 27, 2012 to file a status report. Signed by Chief Judge Gary L. Sharpe on 8/1/2012. (jel, )
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| Filing 74 Letter Motion from Priscilla Steward for Brian Fischer requesting extension of time to update the Court submitted to Judge Gary L. Sharpe . (Steward, Priscilla) |
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Text Only Order - In accordance with the Mandate issued by the United States Court of Appeals for the Second Circuit, the court rescinds the assignment of Magistrate Judge David E. Peebles and reappoints attorneys Kimberly Zimmer and Sally Wasserman to represent petitioner Hector Rivas in the forthcoming proceedings. (See generally Dkt. No. 73.) Moreover, the parties shall each file a status report no later than 12:00 P.M. on Monday, August 6, 2012, addressing whether they intend to seek further review of the Circuit's decision, and if so, by what means. However, if the parties intend to proceed in this court, they are directed to contact the court within seven (7) days of the date of this Order to schedule a conference to discuss the timely adjudication of this matter. Issued by Chief Judge Gary L. Sharpe on 8/1/2012. (jel, )
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| Magistrate Judge David E. Peebles no longer assigned to case pursuant to the August 1, 2012 text only order. (jel, ) |
| Filing 73 MANDATE of USCA, issued 7/30/12 as to #70 Appeal filed by Hector Rivas: REVERSING and REMANDING in accordance w/attached slip opinion. (cbm ) |
| Filing 72 NOTICE of Appearance by Alyson J. Gill on behalf of Brian Fischer (Gill, Alyson) |
| USCA Case Number is 10-1300-pr for #70 Appeal filed by Hector Rivas. (cbm ) |
| Filing 71 ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re #70 Notice of Appeal (alh, ) |
| Filing 70 NOTICE OF APPEAL as to #68 Order on Report and Recommendations,, Order on Letter Request, Memorandum-Decision and Order by Hector Rivas. No fee paid. (Zimmer, Kimberly) |
| Filing 69 JUDGMENT entered in accordance with the Memorandum-Decision and Order issued by U.S. District Judge Gary L. Sharpe on 3/26/10. (Judgment served via ecf) (alh, ) |
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Filing 68
MEMORANDUM-DECISION AND ORDER: ORDERED, that the #65 Report and Recommendation is adopted in all respects. ORDERED, that the #14 Amended Petition is DISMISSED. ORDERED, that a certificate of appealability is GRANTED as articulated in the Report and Recommendation. Signed by Judge Gary L. Sharpe on 3/26/10. (Memorandum-Decision and Order served via ecf) (alh, )
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| Filing 67 Letter Motion from Lea La Ferlita for Brian Fischer requesting that the Court adopt the Honorable David E. Peebles's Report and Recommendation in its entirety submitted to Judge Gary L. Sharpe. (La Ferlita, Lea) |
| Filing 66 OBJECTION to #65 Report and Recommendations by Hector Rivas. (Attachments: #1 Transcript 9/21/09, #2 Transcript 9/2209)(Zimmer, Kimberly) |
| Filing 65 REPORT AND RECOMMENDATIONS re #14 Petition for Writ of Habeas Corpus: RECOMMENDED that the petition in this matter be DENIED and DISMISSED in all respects. RECOMMENDED that if this recommendation is adopted, the court GRANT a certificate of appealability limited to the issue of when petitioner discovered the new evidence that serves as the factual predicate for some of his claims, and whether it could have been discovered earlier through the exercise of due diligence. Objections to R&R due by 1/22/2010 Case Review Deadline 1/29/2010. Signed by Magistrate Judge David E. Peebles on 1/8/10. (alh, ) |
| Filing 64 MEMORANDUM OF LAW re #63 Memorandum of Law Reply to Response filed by Hector Rivas. (Zimmer, Kimberly) |
| Filing 63 MEMORANDUM OF LAW Post-Hearing filed by Brian Fischer. (Steward, Priscilla) |
| Filing 62 MEMORANDUM OF LAW (Post-Hearing) filed by Hector Rivas. (Zimmer, Kimberly) |
| Filing 61 TRANSCRIPT of Proceedings: Evidentiary Hearing (Volume II) held on 9/22/09 before Judge David E. Peebles, Court Reporter/Transcriber: Jodi L. Hibbard, Telephone number: (315) 234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/13/2009. Redacted Transcript Deadline set for 11/23/2009. Release of Transcript Restriction set for 1/21/2010. Notice of Intent to Redact due by 10/30/2009 (jlh, ) |
| Filing 60 TRANSCRIPT of Proceedings: Evidentiary Hearing (Volume I) held on 9/21/09 before Judge David E. Peebles, Court Reporter/Transcriber: Jodi L. Hibbard, Telephone number: (315) 234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/13/2009. Redacted Transcript Deadline set for 11/23/2009. Release of Transcript Restriction set for 1/21/2010. Notice of Intent to Redact due by 10/30/2009 (jlh, ) |
| Filing 59 Letter Motion from Kimberly M. Zimmer for Hector Rivas requesting extension of time to file Post Hearing Memorandum submitted to Judge Peebles. (Zimmer, Kimberly) |
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TEXT ORDER granting #59 Letter Request. Permission granted for Petitioners Memorandum to be filed on or before November 11, 2009, Respondents Responding Memorandum to be filed on or before December 9, 2009, and Petitioners Reply Memorandum, if any, to be filed on or before December 23, 2009. Authorized by Magistrate Judge David E. Peebles on 10/15/09. (cam, )
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| File Transferred to Federal Records Center; Storage Information on this Closed Case: Accession Number 021-06-0232, Box 73 of 141, Location Number G37, Unit 45, Shelf 03, Position 6 . File was previously scanned in and state court records have now been electronically filed. (sal, ) |
| Filing 58 Court Exhibit List for evidentiary hearing held on 9/21/09 and 9/22/09 before Magistrate Judge David E. Peebles. (sal, ) |
| TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Evidentiary Hearing held on 9/22/2009. 9:37 AM - Court is in session. Atty. Zimmer calls Hector Rivas as a witness. Judge advises petitioner of his 5th amendment rights. Due to timing issues, Mr. Rivas does not testify at this time and Atty. Zimmer calls H. Mitchell Schuman as a witness. 11:20 AM - Atty. Steward cross-examines this witness. 11:50 AM - Redirect by Atty. Zimmer. 11:56 AM - Atty. Zimmer calls Sally Wasserman as a witness. Atty. Steward cross-examines this witness. Court recess for lunch. 1:56 PM - Atty. Zimmer calls again Hector Rivas as witness. 3:47 PM - Atty. Steward cross-examines this witness. 4:09 PM - Parties rest. Judge sets a supplemental briefing schedule as follow: Petitioner's brief is due by 10/23/09 (25 page limit unless prior approval by the court), Respondent's brief due by 11/20/09 (25 page limit unless prior approval by the court), and Reply brief, if necessary, by 12/4/09 (10 page maximum). 4:12 PM - Court is adjourned. APP: Kimberly Zimmer, Esq., Priscilla Steward, AAG, and Lea La Ferlita, AAG. Court Reporter: Jodi Hibbard. (sal, ) |
| TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Evidentiary Hearing held on 9/21/2009. 9:45 AM - Judge meets w/ counsel in Chambers to discuss logistics of this hearing. 10:03 AM - Court is in session. Opening statements are made by counsel. 10:19 AM - Petitioner's counsel calls Dr. Cyril Wecht as a witness. 11:24 AM - Atty. La Ferlita cross-examines this witness. 12:05 PM - Redirect by Atty. Zimmer. 12:21 PM - Petitioner's counsel calls Annaliese Nieves as a witness and is cross-examined by Atty. La Ferlita. 12:35 PM - Court recess for lunch until 2:00 PM. 2:09 PM - Petitioner's counsel calls Sidney Manes as a witness. 3:16 PM - Atty. La Ferlita cross-examines this witness. 3:30 PM - Petitioner's counsel advises the court that she does not have any more witnesses to call today. Court is adjourned until tomorrow at 9:30 AM. APP: Kimberly Zimmer, Esq., Priscilla Steward, AAG, Lea La Ferlita, AAG. Court Reporter: Jodi Hibbard. (sal, ) |
| Filing 57 NOTICE of Appearance by Lea L. La Ferlita on behalf of Brian Fischer (La Ferlita, Lea) |
| Filing 56 State Court Records filed by Brian Fischer. (Attachments: #1 Motion to Vacate pursuant to CPL, #2 Memorandum of Law, #3 Transcript Hearing on motion to vacate judgment, #4 Copy of State Court Papers Order denying motion to vacate judgment, #5 Transcript Part 1 of 4, #6 Transcript Part 2 of 4, #7 Transcript part 3 of 4, #8 Transcript Part 4 of 4)(Gill, Alyson) (Attachment 2 replaced on 6/19/2013) (jel, ). (Attachment 4 replaced on 6/19/2013) (jel, ). |
| Filing 55 State Court Records filed by Brian Fischer. (Attachments: #1 Record on Appeal Volume I, #2 Record on Appeal Volume II, #3 Record on Appeal Volume III, Part 1 of 3, #4 Record on Appeal Volume III, Part 2 of 3, #5 Record on Appeal Volume III, Part 3 of 3, #6 Appellant's Appellate Brief, #7 Respondent's Appellate Brief, #8 Appellant's Appellate Brief Reply Brief, #9 Appellate Division Decision, #10 Coram Nobis Application Leave Application, #11 Court of Appeals Decision)(Gill, Alyson) (Attachment 6 replaced on 6/12/2013) (jel, ). |
| Filing 54 Witness List by Brian Fischer. (Steward, Priscilla) |
| NOTICE TO RESPONDENT'S COUNSEL: Pretrial submissions were due to be filed by yesterday 9/8/09. Please immediately file these documents with the court in preparation of the evidentiary hearing set for 9/21/09. (sal, ) |
| Filing 53 Exhibit List by Hector Rivas.. (Zimmer, Kimberly) |
| Filing 52 Witness List by Hector Rivas. (Zimmer, Kimberly) |
| Minute Entry for proceedings held before Magistrate Judge David E. Peebles; Telephone Status Conference held on 9/4/2009; App: K. Zimmer, Esq., for Petitioner; P. Steward, Esq., for Respondent; Atty Zimmer is heard re: possible adjournment of the evidentiary hearing; Brief discussion is held re: potential witnesses to be called at the hearing and exhibits to be offered; Judge extends Pretrial submissions deadline to 9/8/09. (amt) |
| TEXT NOTICE of Hearing: Per request by petitioner's counsel Kimberly Zimmer, Esq., a telephone conference is set for 9/4/2009 at 1:30 PM before Magistrate Judge David E. Peebles. Atty. Zimmer is directed to initiate the call to Chambers, which can be reached at (315) 234-8620.(sal, ) |
| Filing 51 WRIT of Habeas Corpus Ad Testificandum issued to the Superintendent of Sing Sing Correctional Facility directing to produce Hector Rivas, Inmate #93-B-1209, to the US Courthouse in Syracuse, NY before Magistrate Judge David E. Peebles on 9/21/09 at 9:30 am and any other day needed until the completion of the evidentiary hearing for the purpose of appearing, participating and testifying at the hearing in this court. (NOTE: This writ and order have been faxed to Sing Sing CF and a certified copy has also been mailed to this facility). (sal, ) |
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Filing 50
ORDER that a Writ of Habeas Corpus Ad Testificandum be issued directing the Superintendent of the Sing Sing Correctional Facility to produce HECTOR RIVAS, INMATE #93-B-1209, to transport him directly to the U.S. Courthouse in Syracuse, NY, to appear before the Honorable David E. Peebles, on 9/21/09 at 9:30 a.m. to appear for the evidentiary hearing on this date and any other date needed until the completion of this hearing in this action. Signed by Magistrate Judge David E. Peebles on 6/3/09. (sal, )
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| Filing 49 NOTICE by Hector Rivas re evidentiary hearing dates (Zimmer, Kimberly) |
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TEXT ORDER re #49 Notice. The evidentiary hearing set for 6/22/09 has been rescheduled for 9/21/09 at 9:30 AM. A new writ to produce the petitioner for this proceeding will be issued shortly and the facility will be notified not to produce the petitioner on 6/22/09. Pretrial submissions are due by 9/7/09, which should include an exhibit list, as well as a witness list. Authorized by Magistrate Judge David E. Peebles on 6/3/09. (sal, )
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TEXT ORDER granting #48 Letter Request. The evidentiary hearing set for 6/22/09 will be rescheduled once the parties confirm a date w/ the court. Parties are advised that this hearing can start on either 8/25/09, 8/31/09, 9/14/09, or 9/21/09. Please advise the court promptly as to which starting date works for the parties. Authorized by Magistrate Judge David E. Peebles on 5/29/09. (sal, )
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| Filing 48 Letter Motion from Kimberly M. Zimmer for Hector Rivas requesting adjournment of hearing submitted to Judge Peebles. (Zimmer, Kimberly) |
| Filing 47 WRIT of Habeas Corpus Ad Testificandum issued to the Superintendent of Sing Sing Correctional Facility directing to produce Hector Rivas, Inmate #93-B-1209, to the US Courthouse in Syracuse, NY before Magistrate Judge David E. Peebles on 6/22/09 at 9:30 am and any other day needed until the completion of the evidentiary hearing for the purpose of appearing, participating and testifying at the hearing in this court. (NOTE: This writ and order have been faxed to Sing Sing CF and a certified copy has also been mailed to this facility). (sal, ) |
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Filing 46
ORDER that a Writ of Habeas Corpus Ad Testificandum be issued directing the Superintendent of the Sing Sing Correctional Facility to produce HECTOR RIVAS, INMATE #93-B-1209, to transport him directly to the U.S. Courthouse in Syracuse, NY, to appear before the Honorable David E. Peebles, on 6/22/09 at 9:30 a.m. to appear for the evidentiary hearing on this date and any other date needed until the completion of this hearing in this action. Signed by Magistrate Judge David E. Peebles on 2/23/09. (sal, )
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| Reset Hearings: Evidentiary Hearing set for 6/22/2009 at 9:30 AM in Syracuse before Magistrate Judge David E. Peebles. (sal, ) |
| TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Status Conference held on 2/23/2009. Judge discusses w/ counsel logistics of evidentiary hearing. Judge sets the evidentiary hearing for 6/22/09 at 9:30 AM, which will last approximately one week. Pretrial submissions are due by 6/8/09, which should include an exhibit list, as well as a witness list. Judge reserves the right to require counsel to submit further briefing at the close of this evidentiary hearing, however, parties will not be required to submit briefing before this hearing. APP: Kimberly Zimmer, Esq., and Priscilla Steward, AAG. (sal, ) |
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TEXT ORDER granting #45 Letter Request. A Telephone Conference has been scheduled for 2/23/2009 at 3:30 pm before Magistrate Judge David E. Peebles. At this time Judge Peebles will also be scheduling the evidentiary hearing to be held in this matter. Authorized by Magistrate Judge David E. Peebles on 2/2/09. (cam, )
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| TEXT NOTICE. Defendants counsel is asked to initiate the telephone conference scheduled for 2/23/09 at 3:30 pm. (cam, ) |
| Filing 45 Letter Motion from Priscilla Steward attorney for Respondent Brian Fischer for Brian Fischer requesting telephone conference submitted to Judge Peebles. (Steward, Priscilla) |
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TEXT ORDER granting #44 Letter Request. The evidentiary hearing will be rescheduled approximately sixty days out at a time and date to be determined by the court. Chambers contacted Sing Sing and followed up with a facsimile to cancel the previous writ issued for Mr. Rivas (Dkt. No. 43). Authorized by Magistrate Judge David E. Peebles on 1/28/09. (cam, )
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| Filing 44 Letter Motion from Kimberly M. Zimmer for Hector Rivas requesting an extension of time submitted to Judge Peebles. (Zimmer, Kimberly) |
| Filing 43 Writ of Habeas Corpus ad Testificandum Issued as to Petitioner Hector Rivas for 2/18/09 at 10:00 AM before Judge Peebles for an evidentiary hearing. (Served copy by fax and certified copy by regular mail to Inmate Records at Sing Sing CF). (sal, ) |
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Filing 42
ORDER that a Writ of Habeas Corpus Ad Testificandum be issued directing the Superintendent of the Sing Sing Correctional Facility or his deputies to produce the body of said HECTOR RIVAS, INMATE #93-B-1209, and transport him directly to the U.S. Courthouse in Syracuse, New York, to appear before the Honorable David E. Peebles, on 2/18/09, at 10:00 a.m. to appear, participate, and testify at the evidentiary hearing on this date and any other date needed until the completion of this hearing. Signed by Magistrate Judge David E. Peebles on 1/6/09. (sal, )
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TEXT ORDER granting #40 Letter Request to appoint Kimberly Zimmer, Esq. as CJA counsel for the petitioner; and denying Letter Request to appoint Sidney Manes, Esq. to assist Atty. Zimmer in this matter. The court will set an evidentiary hearing for sometime in February shortly. Authorized by Magistrate Judge David E. Peebles on 12/23/08. (CRD has contacted Kim Zimmer, Esq. by phone re: this order and has faxed a copy of this order to Sidney Manes, Esq.) (sal, )
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| TEXT NOTICE of Hearing: An Evidentiary Hearing is set for 2/18/2009 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. Please note that this hearing will be conducted at the Federal Building & U.S. Courthouse, 100 S. Clinton Street, 10th floor, in Syracuse, New York. The court will be issuing a writ of habeas corpus ad testificandum commanding the correctional facility to produce the petitioner for this hearing. (sal, ) |
| Filing 41 CERTIFICATE OF SERVICE by Hector Rivas re #40 Letter Motion from Sidney Manes, Esq. for Hector Rivas requesting Appointment of Counsel submitted to Judge Hon. Gary L. Sharpe (Manes, Sidney) |
| Filing 40 Letter Motion from Sidney Manes, Esq. for Hector Rivas requesting Appointment of Counsel submitted to Judge Hon. Gary L. Sharpe. (Attachments: #1 Mandated Summary Order (Docket No. 39), #2 Hector Rivas request for Appointment of Counsel)(Manes, Sidney) |
| Filing 39 MANDATE of USCA, issued 12/11/08, as to #25 Appeal filed by Hector Rivas; VACATING judgment of the district court and REMANDING for further proceedings. (cbm ) |
| Filing 38 NOTICE of Appearance by Priscilla I. Steward on behalf of Brian Fischer (Steward, Priscilla) |
| Filing 37 MANDATE of USCA dismissing #33 Notice of Appeal filed by Hector Rivas; #25 appeal has been reinstated. (tlp) |
| Filing 36 MANDATE of USCA as to #33 Notice of Appeal filed by Hector Rivas, Appeal is dismissed. (nas) |
| Filing 35 ELECTRONIC CERTIFICATION to US Court of Appeals of Record on Appeal re #33 Notice of Appeal (nas) |
| Filing 34 ELECTRONIC NOTICE sent to US Court of Appeals re #33 Notice of Appeal (nas) |
| Filing 33 NOTICE OF APPEAL as to #30 Order on Motion to Appoint Counsel, Order on Motion for Certificate of Appealability, #21 Order Dismissing Case, #22 Judgment by Hector Rivas. (nas) |
| Filing 32 NOTICE of Docketing Record on Appeal from USCA re #25 Notice of Appeal filed by Hector Rivas,. USCA Case Number 05/1779 pr (nas) |
| Filing 31 MANDATE of USCA as to #25 Notice of Appeal filed by Hector Rivas, ordered that the said appeal be, and it hereby is, dismissed without prejudice to the appeal being reinstated upon notice to the Clerk within 30 days from the entry of an order by the district judge granted or denying a certificate of appealability. (nas) |
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Filing 30
ORDER that Rivas's #26 Motion to Appoint Counsel and #27 Motion for Certificate of Appealability are DENIED. Signed by Judge Gary L. Sharpe on 5/3/2005. (jel, )
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| Mailed copy of #30 order to the pro se plaintiff. (jel, ) |
| Filing 29 ELECTRONIC CERTIFICATION to US Court of Appeals of Record on Appeal re #25 Notice of Appeal (nas) |
| Filing 28 ELECTRONIC NOTICE sent to US Court of Appeals re #25 Notice of Appeal (nas) |
| Filing 27 MOTION for Certificate of Appealability by Hector Rivas. (Attachments: #1)(nas) |
| Filing 26 MOTION to Appoint Counsel for appeal purposes by Hector Rivas.(nas) |
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Filing 24
ORDER that the Clerk is directed to docket this submission as petitioner's Notice of Appeal from the 1/28/05 Order of this Court. The Notice of Appeal should be deemed filed as of 2/25/05. Petitioner is advised that the Court has not received any application for a Certificate of Appealability so there is nothing before the Court to amend. Signed by SFB as directed by Judge Gary L. Sharpe on 3/11/05. (nas)
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| Filing 23 Letter dated 2/23/2005 from H. Mitchell Schuman indicating that he no longer represents plaintiff in this action and advises court that plaintiff will represent himself pro se. (jel, ) |
| Filing 25 NOTICE OF APPEAL as to #21 Order Dismissing Case by Hector Rivas. (nas) Additional attachment(s) added on 4/6/2005 (nas, ). |
| Filing 22 JUDGMENT in favor of Defendant against Plaintiff (jel, ) |
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Filing 21
DECISION AND ORDER, that this action is DENIED and DISMISSED as barred by the applicable statute of limitations. Signed by Judge Gary L. Sharpe on 1/28/2005. (jel, )
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| Filing 20 Letter from Attorney Schuman clarifying date on which initial F.O.I.L. application was made. (nas) |
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Filing 19
ORDER REASSIGNING CASE. Case reassigned to Judge Gary L. Sharpe for all further proceedings. Judge Lawrence E. Kahn no longer assigned to case. Signed by Judge Frederick J. Scullin Jr. on 3/11/04. (nas)
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| Filing 18 MEMORANDUM of LAW by Brian Fischer in support of [17-1] petition response (nas) Additional attachment(s) added on 3/18/2005 (nas, ). |
| Filing 17 RESPONSE filed by Patrick F. MacRae, AAG on behalf of Brian Fischer (Attorney ) to [14-1] amended petition (nas) Additional attachment(s) added on 3/20/2005 (nas, ). |
| Received State Court Records from Patrick MacRae. (nas) |
| Filing 16 AFFIDAVIT by H. Mitchell Schuman, Attorney for Hector Rivas Re: Service of the Amended Petition on the Attorney General's Office (nas) Additional attachment(s) added on 3/20/2005 (nas, ). |
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Filing 15
ORDER that petitioner serve a copy of the amended petition on opposing counsel within 30 days of the date of this Order; Ordered than within 60 days of the date of the receipt of the amended petition by counsel for the respondent, the respondent shall file and serve an answer or other pleading to the amended petition. ( signed by Magistrate Judge David E. Peebles ) Date Entered: 6/21/02 (nas)
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| Filing 14 AMENDED PETITION for writ of habeas corpus by Hector Rivas filed in accordance with Order of Judge Kahn (doc. no. 12); (nas) Additional attachment(s) added on 4/5/2005 (nas, ). Additional attachment(s) added on 4/7/2005 (nas, ). |
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Filing 13
REQUEST by petitioner's counsel and ORDER granting, for Leave to File exhibits to attach to the amended petition necessary to establish timeliness of the petition. The exhibits shall be specifically referenced in the amended petition and shall not exceed 20 pages. Petitioner shall not submit the entire state court record.( signed by S. Broton as directed by Magistrate Judge David E. Peebles ) (nas) Additional attachment(s) added on 3/20/2005 (nas, ).
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Filing 12
Order Directing Compliance as to Hector Rivas. Rivas is directed to file within 30 days of the filing date of this Order, an amended petition which complies fully with the terms of this Order or the clerk shall enter judgment dismissing this action without further order of this Court. Date Served: 6/4/02 Date Entered: 6/4/02 Notice of Compliance deadline 7/4/02 , Clerk's Action Deadline 8/3/02 . ORDERED denying [10-1] motion to Amend [1-1] petition, ORDERED denying [7-1] motion to Dismiss ( Signed by Judge Lawrence E. Kahn ) (nas)
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| Motion(s) no longer referred: [10-1] motion to Amend [1-1] petition, [7-1] motion to Dismiss (nas) |
| Filing 11 Scheduling Notice:, Motion Hearing set for 5/8/02 re: [10-1] motion to Amend [1-1] petition , Response to Motion reset to 4/24/02 for [10-1] motion to Amend [1-1] petition (nas) Additional attachment(s) added on 3/20/2005 (nas, ). |
| Filing 10 MOTION by Hector Rivas to Amend [1-1] petition with attached Affirmation; Amended Petition; Affirmation; and Memorandum of Law Motion returnable before Judge/Mag. Judge: Peebles. Dates to be set. (nas) Additional attachment(s) added on 3/20/2005 (nas, ). |
| Filing 9 RESPONSE/Affirmation of Mitchell Schuman, Esq. on behalf of Hector Rivas to [7-1] motion to Dismiss (nas) Additional attachment(s) added on 3/20/2005 (nas, ). |
| Filing 8 AFFIDAVIT of Patrick F. MacRae Re: [7-1] motion to Dismiss (nas) Additional attachment(s) added on 3/20/2005 (nas, ). |
| Filing 7 MOTION by Brian Fischer to Dismiss , Hearing set for 4/24/02 , Response Deadline 4/10/02 Motion returnable before Judge/Mag. Judge: Peebles (nas) Additional attachment(s) added on 4/5/2005 (nas, ). |
| Motion(s) referred: [7-1] motion to Dismiss referred to Magistrate Judge David E. Peebles (nas) |
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Filing 6
REQUEST by Patrick F. MacRae, and ORDER, extending Answer deadline to 3/26/02 for Brian Fischer ( signed by M. Conan as directed by Magistrate Judge David E. Peebles ) (nas) Additional attachment(s) added on 4/5/2005 (nas, ).
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| Filing 5 Return Receipt Received reflecting service on Respondent, Service Date: 1/2/02 re: [3-1] order, [1-1] petition , Response due 3/2/02 (nas) Modified on 02/19/2002 Additional attachment(s) added on 4/4/2005 (nas, ). |
| Filing 4 Return Receipt Received reflecting a courtesy copy on the State of New York Office of the Attorney General, Service Date: 12/31/01 re: [3-1] order, [1-1] petition (nas) Additional attachment(s) added on 4/4/2005 (nas, ). |
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Filing 3
ORDER directing response to the petition, response due 60 days from date of service. Ordered that the clerk strike Eliot Spitzer from the Court's docket as a respondent; ( Signed by Magistrate Judge David E. Peebles ) (Order and Petition Served by Certified Mail) (nas)
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| Filing Fee Paid; FILING FEE $ 5.00 RECEIPT # 60609 (nas) |
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Filing 2
ORDER rejecting Attorney Schuman's state court records submitted on behalf of Rivas ( signed by Magistrate Judge Gustave J. DiBianco ) Date Entered: 12/13/01 (nas) Additional attachment(s) added on 4/5/2005 (nas, ).
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| Filing 1 PETITION for writ of habeas corpus by Hector Rivas with affirmation of H. Schuman, Esq.; FILING FEE $ 5.00 RECEIPT # (nas) Additional attachment(s) added on 3/20/2005 (nas, ). |
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