Diaz v. Thoms
| Richard Diaz |
| Supt. Thoms |
| 1:2020cv00154 |
| January 8, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Sarah L Cave |
| Colleen McMahon |
| Edgardo Ramos |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Filing 12 NOTICE OF APPEARANCE by Beth Kublin on behalf of Thoms..(Kublin, Beth) |
| Received Return Receipt of Mail Order by Certified Mail, as to the Attorney General of the State of New York, 28 Liberty Street, New York, New York, 10005, which was served by Certified Mail # 7019 1640 0002 1693 8223, on 2/12/2020. (bwa) |
Filing 11
INFORMATION PACKAGE MAILED to Richard Diaz 15-A-4868, at Five Points C.F. P.O. Box 119 Romulus, NY 14541, on 2/7/2020 Re: #10 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, #10 Order to Answer, to the Attorney General of the State of New York, 28 Liberty Street, New York, New York, 10005 by Certified Mail # 7019 1640 0002 1693 8223 with Return Receipt Requested. (bwa) |
| Mailed a copy of #1 Petition for Writ of Habeas Corpus, #10 Order to Answer, to the District Attorney of Bronx County, 198 E 161st Street, Bronx, NY 10451 by Certified Mail # 7019 1640 0002 1693 8230 with Return Receipt Requested. (bwa) |
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Filing 10
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 Bronx County by certified mail to Bronx County District Attorney, 198 E 161st Street, Bronx, NY 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 Respondent's answer. SO ORDERED. (Signed by Judge Edgardo Ramos on 2/5/2020) (rjm) Transmission to Pro Se Assistants for processing.
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Filing 9
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 Sarah L Cave. (Signed by Judge Edgardo Ramos on 2/4/2020) (jwh)
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Filing 8
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 1/24/2020) (va) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #8 Order Granting IFP Application to Richard Diaz 15-A-4868 Five Points C.F. P.O. Box 119 Romulus, NY 14541. (vba) |
| Magistrate Judge Sarah L. Cave 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 Edgardo Ramos. Judge Colleen McMahon is no longer assigned to the case. (wb) |
| Filing 6 Original Signature Received from Richard Diaz re: #1 Petition for Writ of Habeas Corpus. (sac) |
| Filing 5 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Richard Diaz.(sc) (Main Document 5 replaced on 1/24/2020) (sac). |
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Filing 4
ORDER DIRECTING ORIGINAL SIGNATURE AND PAYMENT OF FILING FEE OR IFP APPLICATION: Petitioner is directed to submit a signed signature page to this Court's Pro Se Intake Unit within 30 days of the date of this order. Petitioner is further directed, within 30 days of the date of this Order, to pay the $5.00 filing fee or submit an application to proceed IFP. 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). Signature Page due by 2/7/2020. (Signed by Judge Colleen McMahon on 1/8/2020) (Attachments: #1 Signature Page, #2 IFP Application)(keb) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:19-cv-07048. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Mailed a copy of #4 Order Directing Original Signature, to Richard Diez 15-A4868 Five Points C. F. P.O. Box 119 Romulus, NY 14541. (vba) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb) |
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Filing 2
TRANSFER ORDER, Case transferred to District of Southern District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. ( Ordered by Judge Eric N. Vitaliano on 1/3/2020 ) (Guzzi, Roseann) [Transferred from New York Eastern on 1/8/2020.]
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ORDER ORDER REASSIGNING CASE. Case reassigned to Judge Roslynn R. Mauskopf for all further proceedings. Judge Eric N. Vitaliano no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 1/6/2020. (Brown, Marc) [Transferred from New York Eastern on 1/8/2020.]
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| Filing 1 PETITION for Writ of Habeas Corpus , filed by Richard Diaz. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) [Transferred from New York Eastern on 1/8/2020.] Modified on 1/8/2020 (rdz). |
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| Respondent: Supt. Thoms | |
| Represented By: | Beth Kublin |
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| Petitioner: Richard Diaz | |
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