Rivera v. Collado
Petitioner: Miguel Rivera
Respondent: J. Collado
Case Number: 1:2019cv11403
Filed: December 10, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Robert W Lehrburger
Referring Judge: Gregory H Woods
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 28, 2020 Received Return Receipt of #2 Petition for Writ of Habeas Corpus, #6 Order to Answer, 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 # 7019 1640 0002 1693 8322, on 1/16/2020. (bwa)
January 27, 2020 Opinion or Order Filing 10 ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within four weeks of the date of this order file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order. and as set forth herein. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within four weeks of the date of this order advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/27/2020) (ama)
January 24, 2020 Filing 9 NOTICE OF APPEARANCE by Kristian Dietrich Amundsen on behalf of J. Collado. (Amundsen, Kristian)
January 13, 2020 Opinion or Order Filing 8 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 Robert W. Lehrburger. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/12/2020) (ama)
January 10, 2020 Mailed a copy of #2 Petition for Writ of Habeas Corpus, #6 Order to Answer, to the District Attorney for Bronx County at 198 E 161st Street, Bronx, New York 10451 by Certified Mail # 7019 1640 0002 1693 8315 with Return Receipt Requested. (bwa)
January 10, 2020 Mailed a copy of #2 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 # 7019 1640 0002 1693 8322 with Return Receipt Requested. (bwa)
January 10, 2020 Opinion or Order Filing 7 INFORMATION PACKAGE MAILED to Miguel Rivera 13-A-2087, at Shawangunk Correctional Facility P.O. Box 700 Wallkill, NY 12589, on 1/10/2020 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)
January 9, 2020 Opinion or Order 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 serve a copy of this order and 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 for Bronx County by certified mail to 198 E 161st Street, Bronx, New York 10451. 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. Petitioner has moved for appointment of counsel. (ECF No. 3.) There is no constitutional right to counsel in habeas corpus proceedings. Accordingly, the application for counsel is denied without prejudice. Petitioner may reapply for appointment of counsel at a later date after the Court has had more of the relevant facts and legal issues presented to it for its consideration. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 3. (Signed by Judge Gregory H. Woods on 1/9/2020) (jwh) Transmission to Pro Se Assistants for processing.
January 9, 2020 Magistrate Judge Robert W. Lehrburger 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)
January 9, 2020 NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Unassigned is no longer assigned to the case. (wb)
January 8, 2020 Mailed a copy of #4 Order Granting IFP Application to Miguel Rivera 13-A-2087 Shawangunk Correctional Facility P.O. Box 700 Wallkill, NY 12589. (vba)
January 8, 2020 Opinion or Order 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 1/8/2020) (va) Transmission to Docket Assistant Clerk for processing.
December 11, 2019 Filing 3 APPLICATION FOR APPOINTMENT OF COUNSEL. Document filed by Miguel Rivera.(rdz)
December 10, 2019 Case Designated ECF. (rdz)
December 10, 2019 Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Miguel Rivera. (Attachments: #1 Exhibit, #2 Exhibit)(rdz)
December 10, 2019 Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Miguel Rivera.(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 this case: Rivera v. Collado
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: Miguel Rivera
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: J. Collado
Represented By: Kristian Dietrich Amundsen
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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.


Why Is My Information Online?