Lara v. Keyser
| Jason Lara |
| Supt. William F. Keyser |
| 1:2019cv07776 |
| August 19, 2019 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| 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 Dana Renee Poole on behalf of William F. Keyser. (Poole, Dana) |
Filing 7
HABEAS INFORMATION PACKAGE MAILED to Jason Lara DIN No. 12-A-3722 Sullivan Correctional Facility P.O. Box 116 Fallsburgh, NY 12733-0116, at, on 9/26/2019 Re: #6 Order to Answer. 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. (nb)
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| Mailed a copy of #2 Petition for Writ of Habeas Corpus, #6 Order to Answer, to Attorney General of the State of New York 28 Liberty Street, New York, New York, 10005 by Certified Mail # 7018 3090 0001 2331 3539 and to the District Attorney of New York County One Hogan Place, New York, NY 10013 by Certified Mail # 7018 3090 0001 2331 3546. (nb) |
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Filing 6
ORDER TO ANSWER, 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 Respondents answer. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/25/19) (yv)
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| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Colleen McMahon is no longer assigned to the case. (wb) |
| 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) |
| Filing 4 LETTER addressed to Judge Colleen McMahon from Jason Lara, dated 8/24/19 re: Petitioner submits this letter with attached receipt of $5.00 filing fee for his Petition for Writ of Habeas Corpus which was filed on 4/26/19. Document filed by Jason Lara.(sc) |
| Pro Se Payment of Fee Processed: $5.00 Check processed by the Finance Department on 9/6/19, Receipt Number 465401243607. (vf) |
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Filing 3
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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| Mailed a copy of #1 Order, to Jason Lara DIN No. 12-A-3722 Sullivan Correctional Facility P.O. Box 116 Fallsburgh, NY 12733-0116. (aea) |
| Mailed a copy of #3 Order Directing Payment of Fee or IFP Application, to Jason Lara DIN No. 12-A-3722 Sullivan Correctional Facility P.O. Box 116 Fallsburgh, NY 12733-0116. (aea) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb) |
| Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Jason Lara. (sac) |
|
Filing 1
ORDER: The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to the Petitioner, and note service on the docket. The Court denies Petitioner's motion to reopen this closed action. The Court further directs the Clerk of Court to open a new action and file the application (Amended Petition, ECF No. 7) as a petition for a writ of habeas corpus under 2254 in the new action. Petitioner will be notified of the new docket number for his petition for a writ of habeas corpus under 2254 and further proceedings will be in the new action rather than in this closed case. Because the petition at this time makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. 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 Copped v. United States, 369 U.S. 438, 44445 (1962). (Signed by Judge Colleen McMahon on 8/19/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Case Designated ECF. (sac) |
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| Respondent: Supt. William F. Keyser | |
| Represented By: | Dana Renee Poole |
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| Petitioner: Jason Lara | |
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