James v. Keyser
| Sharkey James |
| William F. Keyser |
| 1:2020cv03468 |
| April 30, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Stewart D Aaron |
| Laura Taylor Swain |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on January 10, 2023. A more recent docket listing may be available from PACER.
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Filing 6
INFORMATION PACKAGE MAILED to Sharkey James DIN No. 15A3784, at Sullivan Correctional Facility P.O. Box 116 Fallsburg, NY 12733-0116, on 5/8/2020 Re: #4 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, 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 #4 Order to Answer to the Attorney General of the State of New York, 28 Liberty Street, New York, New York, 10005 by UPS Next Day # 1Z A74 Y45 23 1002 231 2. (bwa)
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Mailed a copy of #4 Order to Answer to the Manhattan District Attorney, 1 Hogan Place, New York, New York 10013 by UPS Next Day # 1Z A74 Y45 23 1001 747 1. (bwa)
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Filing 5
ORDER DIRECTING ORIGINAL SIGNATURE: Petitioner is directed to resubmit the signature page of the IFP application with an original signature to the Court within two weeks of the date of this order. A copy of the signature page is attached to this order. The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. No answer shall be required at this time. If Petitioner complies with this order, the Court shall process the case in accordance with the procedures of the Clerk's Office. If Petitioner fails to comply with this order within the time allowed, the Court will dismiss the action. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 44445 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). (Signed by Judge Laura Taylor Swain on 5/7/2020) Copies Mailed By Chambers. (jwh) Transmission to Docket Assistant Clerk for processing.
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Filing 4
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 on the Attorney General of the State of New York by overnight mail to 28 Liberty Street, New York, New York, 10005; and on the Manhattan District Attorney by overnight mail to 1 Hogan Place, New York, New York 10013. Respondents are directed to obtain the Petition (which is docket entry no. 2 in the above-captioned case) electronically using the Court's PACER system. Within two weeks of the date of this order, Respondents shall file and serve an answer with respect to Petitioner's claims arising from the COVID-19 pandemic. (See Docket Entry No. 2, at 31-43.) Petitioner may file and serve reply papers, if any, regarding his COVID-19 related claims within two weeks from the date on which he is served with Respondents' answer. Within 60 days of the date of this order, Respondents shall file and serve (1) an answer to the remaining grounds raised in 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, with respect to his claims concerning his criminal conviction and sentence within 30 days from the date he is served with Respondents' answer. Chambers will mail a copy of this Order to the Petitioner. (Signed by Judge Laura Taylor Swain on 5/7/2020) Copies Mailed By Chambers. (jwh) Transmission to Pro Se Assistants for processing.
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NOTICE OF CASE REASSIGNMENT to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (ad)
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Magistrate Judge Stewart D. Aaron 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. (ad)
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Filing 2
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Sharkey James. (sac)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Sharkey James. (sac)
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Case Designated ECF. (sac)
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| Respondent: William F. Keyser | |
| Represented By: | Margaret Ann Cieprisz |
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| Petitioner: Sharkey James | |
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