Burton v. Uhler
| Duwayne Burton |
| Donald Uhler |
| 1:2018cv09002 |
| October 2, 2018 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 11
ORDER: granting #10 Letter Motion for Extension of Time to File Response/Reply re #10 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge J. Paul Oetken from Deborah L. Morse dated November 15, 2018. Respondent has moved the Court for a sixty-day extension of time in which to respond to Petitioner Duwayne Burton's petition for a writ of habeas corpus. Respondent's motion is GRANTED. On or before January 30, 2019, Respondent shall file and serve (1) an answer to the petition and (2) the transcripts and briefs identified in Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. Petitioner Duwayne Burton may file and serve reply papers, if any, within thirty days from the date he is served with Respondent's answer. The Clerk of Court is directed to close the motion at Docket Number 10. SO ORDERED. Responses due by 1/30/2018. (Signed by Judge J. Paul Oetken on 11/16/2018) Copies Mailed By Chambers. (ama)
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| Filing 10 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge J. Paul Oetken from Deborah L. Morse dated November 15, 2018. Document filed by Donald Uhler.(Morse, Deborah) |
| Received Return Receipt of Mail Order by Certified Mail, as to Attorney General of the State of New York to 28 Liberty Street, New York, Ne w York, 10005, which was served by Certified Mail # 7017 3040 0000 9027 8059, on 10/28/2018. (vba) |
| Filing 9 NOTICE OF APPEARANCE by Deborah L. Morse on behalf of Donald Uhler. (Morse, Deborah) |
| Received Return Receipt of Mail Order by Certified Mail, as to Attorney General of NYS 28 Liberty Street NY NY 10005, which was served by Certified Mail # 7017 3040 0000 9027 7724, on 10/9/2018. (vba) |
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Filing 8
FRCP 4 SERVICE PACKAGE MAILED to Duwayne Burton, at Upstate Correctional Facility PO Box 2000 Bare Hill Road, NY 12953, on 10/3/2018 Re: #7 Order to Answer,via REGULAR MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (sbr)
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| Mailed a copy of #7 Order to Answer, to Attorney General of the State of New York to 28 Liberty Street, New York, New York, 10005 by certified mail 7017 3040 0000 9027 7724; and on the District Attorney of New York County by certified mail to One Hogan Place, New York, NY 10013 7017 3040 0000 9027 7748 with Return Receipt Requested. (aea) Modified on 10/3/2018 (aea). Mailed #1 PETITION for Writ of Habeas Corpus to Attorney General of the State of New York to 28 Liberty Street, New York, New York, 10005 by certified mail 7017 3040 0000 9027 8059; and on the District Attorney of New York County by certified mail to One Hogan Place, New York, NY 10013 7017 3040 0000 9027 8066 with Return Receipt Requested Modified on 10/24/2018 (aea). |
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Filing 7
ORDER TO ANSWER, 28 U.S.C. 2254: Having examined this petition under 28 U.S.C. 2254, the Court hereby ORDERS that: The Clerk of Court shall serve a copy of this order and of the petition on the Attorney General of the State of New York by certified mail to 28 Liberty Street, New York, New York, 10005; and on the District Attorney of New York County by certified mail to One Hogan Place, New York, NY 10013. Within sixty days of the date of this order, Respondent shall file and serve (1) an answer to the petition and (2) the transcripts and briefs identified in Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. Petitioner may file and serve reply papers, if any, within thirty days from the date he is served with Respondent's answer. SO ORDERED. (Signed by Judge J. Paul Oetken on 10/02/2018) Copies Mailed By Chambers. (ama) Transmission to Docket Assistant Clerk for processing.
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| Filing 5 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:18-cv-05356. Original file certified copy of transfer order and docket entries received. (sjo) |
| Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge J. Paul Oetken. Judge Unassigned is no longer assigned to the case. (wb) |
| Case Designated ECF. (sjo) |
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Filing 4
TRANSFER ORDER, Case transferred to District of SDNY. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE.. Since the judgment of conviction being challenged was entered in New York County, Petition at Paragraph 1, located in the Southern District of New York, the action should be and hereby is transferred to the United States District Court for the Southern District of New York. The Clerk of Court is directed to transfer this action to the United States District Court for the Southern District of New York. That, provision of Rule 83.1 of the Local Rules for the Eastern District of New York which requires a seven-day delay in the transfer of relevant case materials is waived. (Ordered by Judge Kiyo A. Matsumoto on 9/25/2018) C/M (Galeano, Sonia) [Transferred from New York Eastern on 10/2/2018.]
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| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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 may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) [Transferred from New York Eastern on 10/2/2018.] |
| Filing 2 FILING FEE: $ 5, receipt number 4653132576 (Davis, Kimberly) [Transferred from New York Eastern on 10/2/2018.] |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Duwayne Burton. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) [Transferred from New York Eastern on 10/2/2018.] |
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| Petitioner: Duwayne Burton | |
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| Respondent: Donald Uhler | |
| Represented By: | Deborah L. Morse |
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