Diaz v. Bell
| Miguel Diaz |
| Superintendent Eric Bell and Superintendent Earl Bell |
| 1:2021cv05452 |
| June 22, 2021 |
| US District Court for the Southern District of New York |
| James L Cott |
| Lorna G Schofield |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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This docket was last retrieved on June 7, 2022. A more recent docket listing may be available from PACER.
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Filing 15
MEMO ENDORSEMENT on re: #14 Letter, filed by Miguel Diaz. ENDORSEMENT: Application GRANTED. The caption shall reflect Respondent's first name as Earl. The Clerk of Court is respectfully directed to modify the caption to state Respondent's name as Superintendent Earl Bell and to mail this Order to pro se Petitioner. (Signed by Judge Lorna G. Schofield on 8/5/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #15 Memo Endorsement to Miguel Diaz, DIN: 18A2702 at Clinton Correctional Facility, P.O. Box 2001, Dannemora, NY 12929. (kh) |
| Filing 14 LETTER addressed to Judge Lorna G. Schofield from M. Diaz, dated 7/7/21 re: Please be advised that, upon my further research, I have discovered that the Respondent's first name is (Earl), not (Eric), and I request that this minor correction be made by the Court. Document filed by Miguel Diaz.(sc) |
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Filing 13
ORDER denying without prejudice #11 Application for the Court to Request Counsel. At this point in the proceedings, the Court denies Petitioner's application for appointment of counsel without prejudice to renewal because the Court cannot conclude based on the current record that Petitioner's claims are substantial or that he is likely to succeed on the merits. Accordingly, Petitioner should work with the Pro Se Office of the Court for any additional help that he needs and should also continue to seek to obtain private counsel. The Pro Se Office may be contacted at: Pro Se Office, United States District Court, S.D.N.Y., 40 Foley Square, Room 105, New York, NY 10007, 212-805-0175. The Clerk is respectfully directed to close docket entry number 11 and mark it as denied without prejudice.. (Signed by Magistrate Judge James L. Cott on 7/6/2021) (nb)
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| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Miguel Diaz DIN: 18A2702 Clinton Correctional Facility P.O. Box 2001 Dannemora, NY 12929 on 7/2/2021. (aan) |
| Filing 11 APPLICATION FOR THE COURT TO REQUEST PRO BONO COUNSEL. Document filed by Miguel Diaz.(sc) |
| Filing 12 LETTER from Miguel Diaz dated 6/27/21 re: The NDNY Court transferred the "attached case" to you. Did you get it (#21-cv-0610)? - Due to my low level of education and my current inability to successfully litigate this matter from inside a SHU prison cell where I am locked down 23 hours a day, I request for the Court to give me counsel, so that this case can be handled fairly. Document filed by Miguel Diaz.(sc) |
| Request for Copy of the updated Docket Sheet Received: Re #12 Letter. Request for Docket Report, received on 6/30/21. Transmission to Pro Se Assistants for processing. (sc) |
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Filing 9
HABEAS PACKAGE MAILED to Miguel Diaz DIN: 18A2702 Clinton Correctional Facility P.O. Box 2001 Dannemora, NY 12929, at, on 6/24/2021 Re: #8 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. (aan)
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Filing 10
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 James L. Cott. SO ORDERED. (Signed by Judge Lorna G. Schofield on 6/23/2021) (vfr)
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Filing 8
ORDER: Having determined that this petition under 28 U.S.C. 2254 should not be summarily dismissed, 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 Bronx County by electronic means through the use of the courts 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. Eric Bell answer due on 8/23/2021. (Signed by Judge Lorna G. Schofield on 6/23/2021) (cf)
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| Filing 6 CASE TRANSFERRED IN from the United States District Court - District of New York Northern; Case Number: 9:21-cv-00610. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Unassigned is no longer assigned to the case..(bcu) |
| Magistrate Judge James L. Cott 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) |
| Filing 5 DECISION AND ORDER: It is ORDERED that this action is transferred to the United States District Court for the Southern District of New York; and it is further 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 3.7. Signed by U.S. District Judge Mae A. D'Agostino on 6/21/2021. (Copy served via regular mail)(meb) [Transferred from New York Northern on 6/22/2021.] |
| 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 U.S. District Judge Mae A. D'Agostino on 6/14/2021. (Copy served via regular mail)(meb) [Transferred from New York Northern on 6/22/2021.] |
| Filing 3 Letter enclosing the filing fee filed by Miguel Diaz. (Mailing envelope included) (meb) [Transferred from New York Northern on 6/22/2021.] |
| Filing fee received: $5.00, receipt number SYR059378. (meb) [Transferred from New York Northern on 6/22/2021.] |
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Filing 2
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. It is hereby ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further 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; and it is further ORDERED that upon petitioner's compliance with this order, the Clerk shall reopen this action and forward it to the Court for review; and it is further ORDERED that the Clerk serve a copy of this Order on petitioner along with a blank IFP Application. Signed by U.S. District Judge Mae A. D'Agostino on May 28, 2021. (Copy served via regular mail on the petitioner along with a blank IFP Application).(rep) [Transferred from New York Northern on 6/22/2021.]
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| Filing 1 PETITION: For Writ of Habeas Corpus, filed by Miguel Diaz. (Attachments: #1 Mailing Envelope)(rep) [Transferred from New York Northern on 6/22/2021.] |
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