Bethea v. Lee
| Rodney Bethea |
| William Lee |
| 7:2019cv05520 |
| June 11, 2019 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Lisa Margaret Smith |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time to Answer re #2 Petition for Writ of Habeas Corpus. Upon review of the above application, Respondent shall have an additional 45 days or until October 7, 2019 to file a response. William Lee answer due 10/7/2019. (Signed by Magistrate Judge Lisa Margaret Smith on 8/8/2019) (rj)
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| Filing 12 LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Lisa M. Smith from Andrew Kass dated August 7, 2019. Document filed by William Lee.(Kass, Andrew) |
| Filing 11 NOTICE OF APPEARANCE by Andrew R. Kass on behalf of William Lee. (Kass, Andrew) |
| Received Return Receipt of Mail Order by Certified Mail as to District Attorney of Orange County, 255-275 Main Street, Goshen, New York 10924, which was served by Certified Mail # 7018 1130 0001 1826 9318, on 6/28/2019. (bwa) |
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Filing 10
INFORMATION PACKAGE MAILED to Rodney Bethea DIN No. 11A3031, at Eastern NY Correctional Facility P.O. Box 338 30 Institution Road Napanoch, NY 12458-0338, on 6/26/2019 Re: #8 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. (bwa)
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| Mailed a copy of #2 Petition for Writ of Habeas Corpus, #8 Order to Answer, to the Attorney General of the State of New York to 28 Liberty Street, New York, New York, 10005, by Certified Mail # 7018 1130 0001 1826 9325 with Return Receipt Requested. (bwa) |
| Mailed a copy of #2 Petition for Writ of Habeas Corpus, #8 Order to Answer, to District Attorney of Orange County, 255-275 Main Street, Goshen, New York 10924 by Certified Mail # 7018 1130 0001 1826 9318 with Return Receipt Requested. (bwa) |
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Filing 9
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Habeas Corpus. Referred to Magistrate Judge Lisa Margaret Smith. (Signed by Judge Vincent L. Briccetti on 6/24/2019) (jwh)
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Filing 8
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 Orange County by certified mail to 255-275 Main Street, Goshen, New York 10924. By August 23, 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 may file and serve reply papers, if any, within thirty days from the date he is served with Respondent's answer. (Signed by Judge Vincent L. Briccetti on 6/24/2019) (jwh) Transmission to Pro Se Assistants for processing.
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| Filing 7 PRISONER AUTHORIZATION. Document filed by Rodney Bethea.(sc) |
| Set/Reset Deadlines: William Lee answer due 8/23/2019. (jwh) |
| Filing 6 LETTER from Rodney Bethea dated 6/17/19 re: Petitioner informs the Court that he filed his petition on 6/6/19; however, he did not send an authorization document for the clerk of the Court to submit to the correctional facility(see attached as indicated). Document filed by Rodney Bethea.(sc) |
| Magistrate Judge Lisa M. Smith 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. (jcu) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (jcu) |
| Mailed a copy of #4 Order Granting IFP Application to Rodney Bethea DIN No. 11A3031 Eastern NY Correctional Facility P.O. Box 338 30 Institution Road Napanoch, NY 12458-0338. (aea) |
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Filing 4
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Colleen McMahon on 6/13/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 MEMORANDUM OF LAW in Support re: #2 Petition for Writ of Habeas Corpus. Document filed by Rodney Bethea. (sac) |
| Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Rodney Bethea.(sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Rodney Bethea. (sac) |
| Case Designated ECF. (sac) |
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| Petitioner: Rodney Bethea | |
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| Respondent: William Lee | |
| Represented By: | Andrew R. Kass |
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