Black v. Johnson
| Marcus Black |
| Acting Supt. J. Johnson |
| 7:2020cv08725 |
| October 19, 2020 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Judith C McCarthy |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 7
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 Judith C. McCarthy. (Signed by Judge Philip M. Halpern on 11/18/2020) (mml)
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Filing 6
HABEAS PACKAGE MAILED to Marcus Black DIN No. 17A1523 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582, on 11/18/2020 Re: #5 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. (aan)
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Filing 5
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 Dutchess County by certified mail to County of Dutchess, Office of the Dutchess County Attorney, 22 Market Street, Poughkeepsie, NY 12601 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 Philip M. Halpern on 11/18/2020) (js) Transmission to Pro Se Assistants for processing.
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| Filing 4 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Marcus Black. (Attachments: #1 Receipt)(sc) |
| Mailed a copy of #5 Order to Answer, #1 Petition for Writ of Habeas Corpus to Attorney General of the State of NY 28 Liberty Street, New York, NY, 10005 by Certified Mail # 70191120000088948093; District Attorney of Dutchess County County of Dutchess, Office of the Dutchess County Attorney, 22 Market Street, Poughkeepsie, NY 12601 by Certified Mail # 70191120000088948109. (aan) |
| Magistrate Judge Judith C. McCarthy 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. (bcu) |
| NOTICE OF CASE REASSIGNMENT to Judge Philip M. Halpern. Judge Colleen McMahon is no longer assigned to the case..(bcu) |
| Pro Se Payment of Fee Processed: $5.00 Check processed by the Finance Department on 11/16/2020, Receipt Number 465401269875. (jgl) |
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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 11/23/2020. In Forma Pauperis (IFP) Application due by 11/23/2020. (Signed by Judge Colleen McMahon on 10/23/2020) (Attachments: #1 Supplement IFP application) (scn) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(bcu) |
| Mailed a copy of #2 Order Directing Payment of Fee or IFP Application, to Marcus Black, DIN No. 17A1523 at Green Haven Correctional Facility, P.O. Box 4000, Stormville, NY 12582. (dsh) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Marcus Black. (sac) |
| Case Designated ECF. (sac) |
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| Petitioner: Marcus Black | |
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| Respondent: Acting Supt. J. Johnson | |
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