Stewart v. Collado
| Wayne Stewart |
| Jaifa Collado |
| 1:2021cv05197 |
| June 9, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Valerie E Caproni |
| Debra C Freeman |
| 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 19, 2024. A more recent docket listing may be available from PACER.
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Filing 12
MEMO ENDORSEMENT on re: #10 Letter, filed by Wayne Stewart. ENDORSEMENT: This Court did not see this letter before it issued its Order of 8/5/2021. Petitioner, however, is directed to that Order for instructions as to how to proceed. The Clerk of Court is directed to mail a copy of this Order to Petitioner. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 8/6/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #11 Order on Motion to Stay, to Wayne Stewart, DIN: 17A1622 at Shawangunk Correctional Facility, P.O. Box 700, Wallkill, NY 12589-0750. (dsh) |
| Mailed a copy of #12 Memo Endorsement, to Wayne Stewart, DIN: 17A1622 at Shawangunk Correctional Facility, P.O. Box 700, Wallkill, NY 12589-0750. (dsh) |
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Filing 11
ORDER denying #9 Letter Motion to Stay re: #9 FIRST LETTER MOTION to Stay Habeas Corpus Petition addressed to Magistrate Judge Debra C. Freeman from Alexander Michaels dated August 3, 2021. For the foregoing reasons, Respondent's motion for a stay (Dkt. 9) is denied, and the Clerk of Court is directed to close that motion on the Docket of this Action. The Clerk of Court is also directed to mail a copy of this Order to Petitioner, at the address shown on the Docket and below. (Signed by Magistrate Judge Debra C. Freeman on 8/5/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
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| Set/Reset Deadlines: Jaifa Collado answer due 11/2/2021. Amended Pleadings due by 9/3/2021. Motions due by 9/3/2021. Replies due by 12/2/2021. (vfr) |
| Filing 10 LETTER from Wayne Stewart, dated 7/28/21 re: I have an Error Coram Nobis Motion pending in the Supreme Court of the State of New York Appellate Division - First Department. It is inside of my petition that I have an Error Coram Nobis Motion pending. I am asking for direction as to what I should do etc. Please postpone or "Stay" my Habeas Corpus until I receive a decision concerning my Error Coram Nobis. Document filed by Wayne Stewart.(sc) |
| Filing 9 FIRST LETTER MOTION to Stay Habeas Corpus Petition addressed to Magistrate Judge Debra C. Freeman from Alexander Michaels dated August 3, 2021. Document filed by Jaifa Collado..(Michaels, Alexander) |
| Filing 8 NOTICE OF APPEARANCE by Alexander Michaels on behalf of Jaifa Collado..(Michaels, Alexander) |
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Filing 7
INFORMATION PACKAGE MAILED to Wayne Stewart, DIN: 17A1622, at Shawangunk Correctional Facility, P.O. Box 700, Wallkill, NY 12589-0750, on 7/20/2021 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: Having determined that this petition under 28 U.S.C. 2254 should not be summarily denied, the Court hereby orders that: The Clerk of Court is 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 County by electronic means through the use of the court's CM/ECF system. Within sixty days of the date of this order, Respondent must 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. Petitioner may file and serve any reply papers within thirty days from the date Petitioner is served with Respondent's answer. SO ORDERED. Jaifa Collado answer due on 9/17/2021. (Signed by Judge Valerie E. Caproni on 7/19/2021) (ama) Transmission to Pro Se Assistants for processing.
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Filing 5
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 Debra C. Freeman. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/19/2021) (ama)
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| Magistrate Judge Debra C. Freeman 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 Valerie E. Caproni. Judge Laura Taylor Swain is no longer assigned to the case..(wb) |
| Pro Se Payment of Fee Processed: $5.00 Check processed by the Finance Department on 6/14/2021, Receipt Number 465401280948. (smc) |
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Filing 3
ORDER DENYING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is denied because Petitioner has sufficient assets to pay the $5.00 filing fee. See 28 U.S.C. 1914(a), 1915(a)(1). Petitioner is directed to pay the $5.00 filing fee within 30 days of the date of this order. If Petitioner fails to comply with this order within the time allowed, the action will be dismissed. The Clerk of Court is directed mail a copy of this order to Petitioner and note service on the docket. Filing Fee due by 7/12/2021. (Signed by Judge Laura Taylor Swain on 06/11/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(bcu) |
| Mailed a copy of #3 Order Denying IFP Application, to Wayne Stewart, DIN: 17A1622 at Shawangunk Correctional Facility, P.O. Box 700, Wallkill, NY 12589-0750. (dsh) |
| Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: New York. Document filed by Wayne Stewart. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Wayne Stewart. (sac) |
| Case Designated ECF. (sac) |
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| Respondent: Jaifa Collado | |
| Represented By: | Alexander Michaels |
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| Petitioner: Wayne Stewart | |
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