Nunez v. Danforth
| Jose Nunez |
| Sandra R. Danforth |
| 1:2020cv10230 |
| December 4, 2020 |
| US District Court for the Southern District of New York |
| Stewart D Aaron |
| Paul G Gardephe |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 3, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 23
MEMO ENDORSEMENT on re: #22 Letter,, filed by Jose Nunez. ENDORSEMENT: Petitioner Nunez -- a state inmate -- seeks bail pending resolution of his habeas petition. (Dkt. No. 14) Magistrate Judge Aaron -- to whom the petition was referred (Dkt. No. 11) -- denied the application for bail in a January 21, 2021 order. (Dkt. No. 21) In a January 15, 2021 letter to this Court, petitioner provides additional information in support of his bail application. The new information does not change the result. The application is denied for the reasons set forth by Judge Aaron. SO ORDERED. (Signed by Judge Paul G. Gardephe on 2/1/2021) (jca)
|
|
Filing 22
LETTER addressed to Judge Paul G. Gardephe from J. Nunez, dated 1/15/21 re: I have enclosed a copy of Certificate of Earned Eligibility(as indicated) which was issued on 1/12/21 indicating that I am in fact eligible for release on Parole etc. In additon, there are more than 50 Covid-19 positive cases and my housing unit, C-1, is the last housing unit with no Covid-19 cases. Therefore, I would reiterate my reques for relief on Recognizance while the Writ is being decided.. Document filed by Jose Nunez.(sc)
|
|
Filing 21
OPINION AND ORDER re: #14 MOTION Petitioner requests that the court grant bail on recognizance. filed by Jose Nunez. For the foregoing reasons, Petitioner's motion is DENIED WITHOUT PREJUDICE. The Clerk of Court is respectfully requested to mail a copy of this Opinion and Order to the pro se Petitioner. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 1/21/2021) (kv) Transmission to Docket Assistant Clerk for processing.
|
|
Mailed a copy of #21 Memorandum & Opinion to Jose Nunez, DIN No. 19-R-0227 at Ogdensburg Correctional Facility, One Correction Way, Ogdensburg, NY 13669. (kh)
|
|
Filing 20
AFFIDAVIT OF SERVICE of Response to Bail Application served on Jose Nunez. Service was made by Mail. Document filed by Sandra R. Danforth..(Kress, Stephen)
|
|
Filing 19
LETTER addressed to Magistrate Judge Stewart D. Aaron re: Petitioner's Bail Application. Document filed by Sandra R. Danforth..(Kress, Stephen)
|
|
Filing 18
ADDENDUM(Appendix) TO NOTICE OF MOTION, re: #14 MOTION Petitioner requests that the court grant bail on recognizance. Document filed by Jose Nunez.(sc)
|
|
Filing 17
DECLARATION of Jose Nunez IN SUPPORT OF ADDENDUM TO MOTION FOR RELEASE ON RECOGNIZANCE.. Document filed by Jose Nunez..(sc)
|
|
Filing 16
MEMO ENDORSEMENT on re: #14 MOTION Petitioner requests that the court grant bail on recognizance. filed by Jose Nunez, ENDORSEMENT: Respondent shall respond to this motion by Tuesday, January 19, 2021. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 1/12/2021) ( Responses due by 1/19/2021) (ks)
|
|
Filing 15
DECLARATION of Jose Nunez in Support re: #14 MOTION Petitioner requests that the court grant bail on recognizance. Document filed by Jose Nunez. (ok)
|
|
Filing 14
MOTION Petitioner requests that the court grant bail on recognizance pending disposition. Document filed by Jose Nunez. (ok)
|
|
Filing 13
AMENDED PETITION UNDER 28:2254 WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY,re: amending #1 Petition for Writ of Habeas Corpus against Sandra R. Danforth.Document filed by Jose Nunez. Related document: #1 Petition for Writ of Habeas Corpus.(sc)
|
|
Filing 12
NOTICE OF APPEARANCE by Stephen Joseph Kress on behalf of Sandra R. Danforth. (Attachments: #1 Affidavit of Service).(Kress, Stephen)
|
|
Filing 11
ORDER OF REFERENCE TO A 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 Stewart D. Aaron. (Signed by Judge Paul G. Gardephe on 12/17/2020) (kv)
|
|
Filing 10
HABEAS PACKAGE MAILED to Jose Nunez 19-R-0227 Ogdensburg Correctional Facility One Correction Way Ogdensburg, NY 13669, on 12/14/2020 Re: #9 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, order granting IFP application, 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)
|
|
Filing 9
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 New York by certified mail to One Hogan Place, New York, New York 10013. 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 Paul G. Gardephe on 12/14/2020) (jca) Transmission to Pro Se Assistants for processing.
|
|
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. (bcu)
|
|
NOTICE OF CASE REASSIGNMENT to Judge Paul G. Gardephe. Judge Unassigned is no longer assigned to the case..(bcu)
|
|
Filing 7
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 12/10/2020) (vn) Transmission to Docket Assistant Clerk for processing.
|
|
Filing 6
CASE TRANSFERRED IN from the United States District Court - District of New York Northern; Case Number: 9:20-cv-01425. Original file certified copy of transfer order and docket entries received. (sjo)
|
|
Case Designated ECF. (sjo)
|
|
Filing 5
DECISION AND ORDER: ORDERED, that this action is transferred to the United States District Court for the Southern District of New York. ORDERED, that the Clerk is directed to electronically transfer this action to the Clerk of the Southern District of New York. The Court hereby waives the fourteen (14) day waiting period provided for in Local Rule 83.6. Signed by Senior Judge Lawrence E. Kahn on 12/2/2020. {order served via regular mail on petitioner}(nas ) [Transferred from New York Northern on 12/4/2020.]
|
|
Filing 4
TEXT ORDER REOPENING CASE: This action was administratively closed due to petitioner's failure to comply with the filing fee requirements, and petitioner was directed to respond to the Order if s/he wished to pursue this action. Petitioner has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by Senior Judge Lawrence E. Kahn on 11/30/2020. {text order served via regular mail on petitioner} (nas, ) [Transferred from New York Northern on 12/4/2020.]
|
|
Filing 3
MOTION for Leave to Proceed in forma pauperis filed by Jose Nunez.(nas, ) [Transferred from New York Northern on 12/4/2020.]
|
|
Filing 2
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that if petitioner wants to pursue this action, he must so notify the Court WITHIN THIRTY (30) DAYS of the filing date of this Order and either: (1) pay the court's filing fee of five dollars ($5.00); or (2) submit a completed and signed IFP Application that has been certified by an appropriate prison official at his facility. Signed by Senior Judge Lawrence E. Kahn on 11/20/2020. {order and blank ifp form served on petitioner via regular mail}(nas, ) [Transferred from New York Northern on 12/4/2020.]
|
|
Filing 1
PETITION for Writ of Habeas Corpus filed by Jose Nunez. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 envelope)(nas ) [Transferred from New York Northern on 12/4/2020.]
|
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 Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Nunez v. Danforth | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner: Jose Nunez | |
| 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: Sandra R. Danforth | |
| Represented By: | Stephen Joseph Kress |
| 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.
