Eldridge v. The People of the State of New York
| Superintendent of Elmira Correctional Facility |
| Mike Eldridge |
| The People of the State of New York |
| 1:2019cv07763 |
| August 16, 2019 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Colleen McMahon |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Filing 8 NOTICE OF APPEARANCE by Dennis Andrew Rambaud on behalf of Superintendent of Elmira Correctional Facility. (Rambaud, Dennis) |
| Received Return Receipt of Mail Order by Certified Mail, as to the Attorney General of the State of New York at 28 Liberty Street, New York, New York, 10005, which was served by Certified Mail # 7018 1130 0001 1820 1936, on 9/19/2019. (bwa) |
| Received Return Receipt of Mail Order by Certified Mail, as to the District Attorney of New York County at One Hogan Place, New York, New York 10013, which was served by Certified Mail # 7018 1130 0001 1820 1943, on 9/19/2019. (bwa) |
Filing 7
INFORMATION PACKAGE MAILED to Mike Eldridge DIN No. 12A0796, at Green Haven Correctional Facility 594 Rt. 216 Stormville, NY 12582-0010, on 9/16/2019 Re: #6 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 #1 Petition for Writ of Habeas Corpus, #6 Order to Answer, to the Attorney General of the State of New York at 28 Liberty Street, New York, New York, 10005 by Certified Mail # 7018 1130 0001 1820 1936 with Return Receipt Requested. (bwa) |
| Mailed a copy of #1 Petition for Writ of Habeas Corpus, #6 Order to Answer, to the District Attorney of New York County at One Hogan Place, New York, New York 10013 by Certified Mail # 7018 1130 0001 1820 1943 with Return Receipt Requested. (bwa) |
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Filing 6
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 dismiss "People of the State of New York," and substitute under Rule 21 of the Federal Rules of Civil Procedure the Superintendent of Elmira Correctional Facility as Respondent. See Rule 2(b) of the Rules Governing Section 2254 Cases in the United States District Courts (The only proper respondent in a habeas corpus petition is the warden, custodian, or superintendent of the facility where petitioner is in custody). The Clerk of Court shall also 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 OneHogan Place, New York, New York 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. Superintendent of Elmira Correctional Facility added. The People of the State of New York terminated. (Signed by Judge Andrew L. Carter, Jr on 9/13/2019) Copies Mailed By Chambers. (kv) Transmission to Pro Se Assistants for processing.
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| Mailed a copy of #4 Order Granting IFP Application to Mike Eldridge DIN No. 12A0796 Green Haven Correctional Facility 594 Rt. 216 Stormville, NY 12582-0010. (aea) |
| Magistrate Judge Henry B. Pitman 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 Andrew L. Carter, Jr. Judge Colleen McMahon is no longer assigned to the case. (wb) |
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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 9/11/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Mike Eldridge.(sc) |
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Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: The Clerk of Court is directed to assign this matter to my docket, mail a copy of this Order to Petitioner, and note service on the docket. Petitioner is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 9/19/2019. In Forma Pauperis (IFP) Application due by 9/19/2019. (Signed by Judge Colleen McMahon on 8/20/2019) (Attachments: #1 IFP application)(ees) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb) |
| Mailed a copy of #2 Order Directing Payment of Fee or IFP Application, to Mike Eldridge DIN No. 12A0796 Green Haven Correctional Facility 594 Rt. 216 Stormville, NY 12582-0010. (vba) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Mike Eldridge. (sac) |
| Case Designated ECF. (sac) |
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