Hayes v. People of the State of New York
| Hayes Leroy and Leroy Hayes |
| People of the State of New York |
| 1:2019cv10902 |
| November 25, 2019 |
| US District Court for the Southern District of New York |
| George B Daniels |
| Sarah Netburn |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 1, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Received Return Receipt of #1 Petition for Writ of Habeas Corpus, #8 Order to Answer, #9 Order to Answer, as to Attorney General of the State of New York, to 28 Liberty Street, New York, New York, 10005 which was served by Certified Mail # 7019 1120 0000 8895 0034, on no date on the Return Receipt Requested. (vn) |
| Received Return Receipt of #1 Petition for Writ of Habeas Corpus, #8 Order to Answer, #9 Order to Answer, as to District Attorney of New York County, One Hogan Place, New York, NY 10013 which was served by Certified Mail #7019 1120 0000 8895 0010, on 01/10/2020. (vn) Modified on 1/16/2020 (vn). |
Filing 10
HABEAS INFORMATION PACKAGE MAILED to Leroy Hayes 17-A-0573 Elmira Correctional & Reception Center P.O. Box 500 Elmira, NY 14902-0500, at, on 1/3/2020 Re: #8 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)
|
|
Filing 9
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. (Signed by Magistrate Judge Sarah Netburn on 1/3/2020) Copies Mailed By Chambers. (ras) Transmission to Docket Assistant Clerk for processing.
|
|
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 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. (Signed by Judge George B. Daniels on 1/3/2020) (jwh) Transmission to Pro Se Assistants for processing.
|
|
Filing 7
PRO SE PRETRIAL ORDER: Pro se Plaintiff and counsel for all parties are hereby notified that this case is referred to Magistrate Sarah Netburn, for the purposes of Case Management and Scheduling pursuant to Federal Rule Civil Procedure 16. You are directed to furnish all attorneys in this action with copies of this order and enclosures. If you are unaware of the identity of counsel for any of the parties, you must send a copy of the notice and rules to that party personally, and as further set forth in this order. (Signed by Judge George B. Daniels on 1/3/2020) (jwh)
|
|
Filing 6
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah Netburn. (Signed by Judge George B. Daniels on 1/3/2020) (jwh)
|
| Mailed a copy of #9 Order to Answer 28 U.S.C. 2254 to Leroy Hayes 17-A-0573 Elmira Correctional & Reception Center P.O. Box 500 Elmira, NY 14902-0500. (ras) |
| Mailed a copy of #1 Petition for Writ of Habeas Corpus, #8 Order to Answer, #9 Order to Answer to Attorney General of the State of New York to 28 Liberty Street, New York, New York, 10005 by Certified Mail # 7019 1120 0000 8895 0034 and on the District Attorney of New York County to One Hogan Place, New York, NY 10013 by Certified Mail # 7019 1120 0000 8895 0010. (nb) |
|
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 12/27/2019) (va) Transmission to Docket Assistant Clerk for processing.
|
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Colleen McMahon is no longer assigned to the case. (wb) |
| Mailed a copy of #4 Order Granting IFP Application to Leroy Hayes 17-A-0573 Elmira Correctional & Reception Center P.O. Box 500 Elmira, NY 14902-0500. (vba) |
| Filing 3 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Leroy Hayes.(sc) |
|
Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff 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 Clerk of Court is directed to assign this matter to my docket. 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 12/27/2019. In Forma Pauperis (IFP) Application due by 12/27/2019. (Signed by Judge Colleen McMahon on 11/27/2019) (Attachments: #1 Supplement ifp)(bl) Transmission to Docket Assistant Clerk for processing.
|
| 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 Leroy Hayes 17-A-0573 Elmira Correctional & Reception Center P.O. Box 500 Elmira, NY 14902-0500. (vba) Modified on 12/10/2019 (aea). |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Hayes Leroy.(rdz) |
| Case Designated ECF. (rdz) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
