Winston v. Capra
| Tyrone Winston |
| C.O. Michael Capra |
| 1:2021cv04615 |
| May 24, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lorna G Schofield |
| 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 March 1, 2022. A more recent docket listing may be available from PACER.
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Filing 10
MEMO ENDORSEMENT: on re: #9 Letter filed by Tyrone Winston. ENDORSEMENT: The application is GRANTED. This action is STAYED for ninety (90) days to give Petitioner time to file a 440.10 motion to vacate the July 21, 2016, judgment of the Supreme Court of Manhattan County. The parties shall file a status letter on August 18, 2021, and every 30 days thereafter, apprising the Court of the status of any such motion. The parties' October 18, 2021, status letter shall propose next steps. The Clerk of Court is respectfully directed to serve a copy of this Order on pro se Plaintiff. SO ORDERED. (Signed by Judge Lorna G. Schofield on 7/19/2021) (ama) Transmission to Docket Assistant Clerk for processing.
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| Case Stayed (ama) |
| Mailed a copy of #10 Memo Endorsement, Set Deadlines/Hearings, to Tyrone Winston, 16A3589 at Sing Sing Correctional Facility, 354 Hunter Street, Ossining, NY 10562. (dsh) |
| Filing 9 LETTER from T. Winston, dated 7/7/21 re: I do not have a due date when my 440.10 motion will be completed, because it is in its infancy stages. With respect to the Court's rule and the petition, I am asking the Court for a stay of abeyance and an opportunity to exhaust my issue, so that I may properly present them to this Court on my petition. Document filed by Tyrone Winston.(sc) |
| Filing 8 NOTICE OF APPEARANCE by Matthew B. Keller on behalf of Michael Capra..(Keller, Matthew) |
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Filing 7
INFORMATION PACKAGE MAILED to Tyrone Winston, 16A3589, at Sing Sing Correctional Facility, 354 Hunter Street, Ossining, NY 10562, on 6/23/2021 Re: #6 Order to Answer, 28 U.S.C. 2254. 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. (sha)
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Filing 6
ORDER TO ANSWER, 28 U.S.C. 2254 WHEREAS, this petition under 28 U.S.C. 2254 should not be summarily dismissed. It is hereby ORDERED that, within sixty days of the date of this Order, Respondent shall file and serve (1) an answer, motion, or other response to the petition, and (2) the transcripts and briefs identified in Rule 5(c) of the Rules Governing Section 2254 Cases in the United States District Courts. It is further ORDERED that, within thirty days from the date Petitioner is served with Respondents answer, Petitioner may file and serve any reply papers. The Clerk of Court is respectfully directed to serve a copy of this Order and the petition on the Attorney General of the State of New York and on the District Attorney of New York by electronic means through the use of the Court's CM/ECF system. Michael Capra answer due on 8/23/2021. (Signed by Judge Lorna G. Schofield on 6/22/2021) (cf)
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| Magistrate Judge Barbara C. Moses 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 Lorna G. Schofield. Judge Laura Taylor Swain is no longer assigned to the case..(bcu) |
| Pro Se Payment of Fee Processed: $5.00 Check processed by the Finance Department on 06/06/2021, Receipt Number 465401281240. (bwi) |
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Filing 4
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 6/23/2021. In Forma Pauperis (IFP) Application due by 6/23/2021. (Signed by Judge Laura Taylor Swain on 5/24/21) (Attachments: #1 Supplement ifp) (bl) 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: 1:21-cv-02495. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Mailed a copy of #4 Order Directing Payment of Fee or IFP Application to Tyrone Winston, 16A3589 at Sing Sing Correctional Facility, 354 Hunter Street, Ossining, NY 10562. (kh) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
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Filing 2
ORDER -- As set forth in the attached Order, this action is TRANSFERRED to the United States District Court for the Southern District of New York. The provision of Rule 83.1 of the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York requiring a seven-day delay between a transfer order and the effectuation of the transfer is waived. SEE ATTACHED ORDER. Ordered by Judge Diane Gujarati on 5/20/2021. (Almonte, Kelly) [Transferred from New York Eastern on 5/24/2021.]
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| Filing 1 PETITION for Writ of Habeas Corpus , filed by Tyrone Winston. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) [Transferred from New York Eastern on 5/24/2021.] |
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