Rivera v. Collado
| Miguel Rivera |
| J. Collado |
| 1:2019cv11403 |
| December 10, 2019 |
| US District Court for the Southern District of New York |
| Robert W Lehrburger |
| Gregory H Woods |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| 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) |
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)
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| Filing 9 NOTICE OF APPEARANCE by Kristian Dietrich Amundsen on behalf of J. Collado. (Amundsen, Kristian) |
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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)
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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)
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| 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) |
| 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) |
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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 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.
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| 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) |
| NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Unassigned 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 1/8/2020) (va) Transmission to Docket Assistant Clerk for processing.
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| 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) |
| Filing 3 APPLICATION FOR APPOINTMENT OF COUNSEL. Document filed by Miguel Rivera.(rdz) |
| 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) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Miguel Rivera.(rdz) |
| Case Designated ECF. (rdz) |
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| Petitioner: Miguel Rivera | |
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| Respondent: J. Collado | |
| Represented By: | Kristian Dietrich Amundsen |
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