McCarthy v. Sharbaugh
| Thomas McCarthy |
| Gerald Zimmerman and Michael Sharbaugh |
| 9:2019cv00883 |
| July 22, 2019 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Brenda K Sannes |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 7
DECISION AND ORDER: ORDERED that the Clerk is respectfully directed to update the docket sheet to reflect the correct respondent, Michael Sharbaugh. ORDERED that the Clerk serve copies of this Decision and Order, the Court's July Order (Dkt. No. #4 ), and petitioner's amended petition and attached addendum (Dkt. No. #6 ) upon respondent and the Attorney General of the State of New York in accordance with Local Rule 72.4(e). ORDERED that the amended petition (Dkt. No. 6) is accepted as the operative petition in this action. Therefore, respondent shall file and serve an answer to the amended petition, and provide the Court with the relevant records, within ninety (90) days of the date of this Decision and Order. ORDERED that petitioner may, but is not required to, file a reply within thirty (30) days of the filing date of respondent's answer. Signed by Magistrate Judge Therese Wiley Dancks on 8/27/19. (Attachments: #1 July Order, #2 petition with addendum)[response due by Michael Sharbaugh served on 8/27/2019, answer due 11/25/2019] {served as directed}(nas)
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Filing 6
AMENDED PETITION for Writ of Habeas Corpus filed by Thomas McCarthy. (Attachments: #1 addendum)[hand delivered to court](nas, )
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Filing 5
MEMORANDUM OF LAW in support of #1 Petition for Writ of Habeas Corpus filed by Thomas McCarthy. (nas, )
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Filing 4
DECISION AND ORDER: ORDERED that petitioner may file an amended petition within thirty (30) days of the filing date of this Decision and Order. The Clerk is directed to provide petitioner with a blank 2254 habeas petition for this purpose. ORDERED that if petitioner does not file an amended petition within thirty (30) days of the filing date of this Decision and Order, the Court shall presume that the present petition identifies all bases of habeas relief to which the petitioner believes he is entitled and will review said petition as the operative pleading.Signed by Magistrate Judge Therese Wiley Dancks on 7/24/19.( Notice of Compliance Deadline 8/26/2019, Case Review Deadline 9/24/2019){order and blank 2254 form served via regular mail on petitioner}(nas)
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Filing 3
Case transferred in from District of New York Western; Case Number 6:19-cv-06379. electronically transferred when case opened
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Filing 2
ORDER that the case be transferred to the United States District Court for the Northern District of New York. Signed by Hon. Charles J. Siragusa on 5/24/2019. (BK) [Transferred from New York Western on 7/23/2019.]
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Filing 1
PETITION for Writ of Habeas Corpus, filed by Thomas McCarthy. (BK) [Transferred from New York Western on 7/23/2019.]
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Filing fee: $5.00, receipt number BUF004463. (BK) [Transferred from New York Western on 7/23/2019.]
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The Pro Se Packet including: the Privacy Notice, Consent to Proceed before a Magistrate Judge and the Civil Case Timeline have been given to the Plaintiff at case opening. (BK) [Transferred from New York Western on 7/23/2019.]
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (BK) [Transferred from New York Western on 7/23/2019.]
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