Rosenberg v. Pliler
| Benjamin Rosenberg |
| W.S. Pliler |
| 1:2021cv05321 |
| June 16, 2021 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 st |
| None |
Docket Report
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Filing 17
DECLARATION of Irene Chan re: #16 Response to Petition for a Writ of Habeas Corpus . Document filed by W.S. Pliler. (Attachments: #1 Exhibit A - Sentencing Computation, #2 Exhibit B - Administrative Remedies, #3 Exhibit C - Inmate Profile, #4 Exhibit D - BOP Memo, #5 Exhibit E - FSA Program Guide (part 1), #6 Exhibit E - FSA Program Guide (part 2), #7 Exhibit E - FSA Program Guide (part 3), #8 Exhibit F - Education Data Transcript, #9 Exhibit G - PTO).(Weinreb, Carly)
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Filing 16
RESPONSE to #1 Petition for Writ of Habeas Corpus. Document filed by W.S. Pliler..(Weinreb, Carly)
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Filing 15
ORDER: denying #14 Letter Motion to Expedite. Petitioner's request to expedite the briefing schedule in this matter is DENIED. Although the Court has not made a final determination, from a review of the relevant case law, it appears that Petitioner likely lacks standing to bring his Petition. To allege standing, Petitioner must show that the alleged injury is actual or imminent and is not conjectural or hypothetical. See Lujan v. Defs. of Wildlife, 504 U.S. 555, 560-61 (1992). It appears that pursuant to the provision of the First Step Act on which Petitioner is relying, he is not yet entitled to earned credits. Without such an entitlement, he cannot allege any actual or imminent injury. See, e.g., Distefano v. Pliler, 21-CV-773, Dkt. No. 14 at 3-4 (July 5, 2021) (collecting cases holding that the First Step Act does not require the award of time credits earned until January 15, 2022). Accordingly, the Court lacks good cause to expedite the briefing schedule. The Government's response is due no later than Friday, August 13, 2021 and Petitioner's reply in support of his Petition is due no later than Friday, September 17, 2021. See Order, Dkt. 5. The Court notes that Petitioner is welcome to file his reply brief earlier than the deadline. The Clerk of Court is respectfully directed to close the open motions at docket entries 7 and 14. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/20/2021) (ama)
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Set/Reset Deadlines: Responses due by 8/13/2021 Replies due by 9/17/2021. (ama)
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Filing 14
LETTER MOTION to Expedite Briefing Schedule addressed to Judge Valerie E. Caproni from John F. Kaley, Esq. dated July 20, 2021. Document filed by Benjamin Rosenberg..(Kaley, John)
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time to File Response/Reply re #12 LETTER MOTION for Extension of Time to File Response/Reply as to #8 Memo Endorsement,,, Set Deadlines/Hearings,, addressed to Judge Valerie E. Caproni from John F. Kaley, Esq. dated July 15, 2021. Application GRANTED. Responses due by 7/20/2021 (Signed by Judge Valerie E. Caproni on 7/15/2021) (cf)
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Filing 12
LETTER MOTION for Extension of Time to File Response/Reply as to #8 Memo Endorsement,,, Set Deadlines/Hearings,, addressed to Judge Valerie E. Caproni from John F. Kaley, Esq. dated July 15, 2021. Document filed by Benjamin Rosenberg..(Kaley, John)
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Filing 11
RESPONSE re: #8 Memo Endorsement,,, Set Deadlines/Hearings,, #7 LETTER MOTION to Expedite Request to Abbreviate Time To Answer and Reply addressed to Judge Valerie E. Caproni from John F. Kaley, Esq. dated July 6, 2021. . Document filed by W.S. Pliler. (Attachments: #1 Exhibit A - Sentencing Computation Data, #2 Exhibit B - Inmate Profile, #3 Exhibit C - Inmate History).(Weinreb, Carly)
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Filing 10
NOTICE OF APPEARANCE by Carly Iris Weinreb on behalf of W.S. Pliler..(Weinreb, Carly)
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Filing 9
AFFIDAVIT OF SERVICE of Court's 7-6-21 Order served on US Attorney's Office on 7-8-21. Service was accepted by Security Officer. Document filed by Benjamin Rosenberg..(Kaley, John)
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Filing 8
MEMO ENDORSEMENT on re: #7 LETTER MOTION to Expedite Request to Abbreviate Time To Answer and Reply addressed to Judge Valerie E. Caproni from John F. Kaley, Esq. dated July 6, 2021. filed by Benjamin Rosenberg. ENDORSEMENT: The Government must respond to Petitioner's request to expedite the briefing schedule by no later than Tuesday, July 13, 2021. Any reply in support of the request is due no later than Thursday, July 15, 2021. Petitioner must serve a copy of this Endorsement on the Government and file proof of service on thedocket by no later Thursday, July 8, 2021. SO ORDERED., ( Responses due by 7/13/2021, Replies due by 7/15/2021.) (Signed by Judge Valerie E. Caproni on 7/06/2021) (ama)
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Filing 7
LETTER MOTION to Expedite Request to Abbreviate Time To Answer and Reply addressed to Judge Valerie E. Caproni from John F. Kaley, Esq. dated July 6, 2021. Document filed by Benjamin Rosenberg..(Kaley, John)
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Filing 6
CERTIFICATE OF SERVICE of Court's 6-17-21 Order etc.Secu served on US Attorney's Office on 6-21-21. Service was accepted by Security Officer. Document filed by Benjamin Rosenberg..(Kaley, John)
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Filing 5
ORDER TO ANSWER, 28 U.S.C. 2241: IT IS HEREBY ORDERED that Respondent must file and serve an answer, motion, or other response to the Petition by no later than Friday, August 13, 2021. Petitioner must file and serve reply papers, if any, by no later than Friday, September 17, 2021. IT IS FURTHER ORDERED that by no later than Friday, June 25, 2021, Petitioner must serve a copy of this Order on the U.S. Attorney's Office for the Southern District of New York and file proof of service on the docket. SO ORDERED. ( Responses due by 8/13/2021, Replies due by 9/17/2021.) (Signed by Judge Valerie E. Caproni on 6/17/2021) (ama)
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Filing 4
CERTIFICATE OF SERVICE of Petition, Civil Cover Sheet and Memo of Law In Support of Petition served on W.S. Pliler on 6/17/2021. Service was made by Mail. Document filed by Benjamin Rosenberg..(Kaley, John)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Francis Kaley. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
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Case Designated ECF. (pc)
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Magistrate Judge Ona T. Wang 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. (pc)
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Filing 3
MEMORANDUM OF LAW in Support re: #2 Civil Cover Sheet, #1 Petition for Writ of Habeas Corpus . Document filed by Benjamin Rosenberg..(Kaley, John)
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Filing 2
CIVIL COVER SHEET filed..(Kaley, John)
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Filing 1
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-24682294)Document filed by Benjamin Rosenberg. (Attachments: #1 Exhibit 1-6).(Kaley, John)
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| Respondent: W.S. Pliler | |
| Represented By: | Carly Iris Weinreb |
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| Petitioner: Benjamin Rosenberg | |
| Represented By: | John Francis Kaley |
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