Benton v. McCarthy
Petitioner: Jerry Benton
Respondent: Timothy McCarthy
Case Number: 9:2020cv00710
Filed: June 26, 2020
Court: US District Court for the Northern District of New York
Presiding Judge: Andrew T Baxter
Referring Judge: Mae A D'Agostino
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 15, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 1, 2020 Filing 4 DECISION AND ORDER: ORDERED that the Clerk serve copies of this Decision and Order and the petition upon respondent and the Attorney General of the State of New York in accordance withLocal Rule 72.4(e). ORDERED that the respondent shall file and serve an answer to the 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 US Magistrate Judge Andrew T. Baxter on 7/1/2020. (Attachments: #1 petition)[response due by Timothy McCarthy served on 7/1/2020, answer due 9/29/2020] {served as directed}(nas)
July 1, 2020 Filing 3 TEXT ORDER granting petitioner's IFP application. Dkt. No. #2 . Based on petitioner's certified IFP Application, he is eligible to proceed with this action without paying the statutory filing fee. Petitioner will still be required to pay fees that he may incur in the future regarding this action, including but not limited to copying fees ($.50 per page). Authorized by US Magistrate Judge Andrew T. Baxter on 7/1/2020. {text order served via regular mail on petitioner}(nas, )
June 26, 2020 Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Jerry Benton.(meb)
June 26, 2020 Filing 1 PETITION for Writ of Habeas Corpus filed by Jerry Benton. (Attachments: #1 Exhibits, #2 Mailing envelope)(meb)

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Respondent: Timothy McCarthy
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Petitioner: Jerry Benton
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