Gaines v. McIntosh
Petitioner: Michael V. Gaines
Respondent: D. McIntosh
Case Number: 1:2021cv06619
Filed: August 4, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Stewart D Aaron
Referring Judge: John P Cronan
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 10, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 13, 2021 Filing 11 NOTICE OF APPEARANCE by Emily Anne Aldridge on behalf of D. McIntosh..(Aldridge, Emily)
September 13, 2021 Opinion or Order Filing 10 INFORMATION PACKAGE MAILED to Michael V. Gaines, DIN: 16A3861, at Clinton Correctional Facility, P.O. Box 2001, Dannemora, NY 12929, on 9/13/2021 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. (sha)
September 9, 2021 Opinion or Order Filing 9 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 Stewart D. Aaron. (Signed by Judge John P. Cronan on 9/9/2021) (ate)
September 9, 2021 Opinion or Order Filing 8 ORDER TO ANSWER, 28 U.S.C. 2254 Order to Answer and Petition for Writ of Habeas Corpus #2 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. D. McIntosh answer due on 11/8/2021. (Signed by Judge John P. Cronan on 9/9/2021) (cf) Transmission to Pro Se Assistants for processing.
September 9, 2021 NOTICE OF CASE REASSIGNMENT to Judge John P. Cronan. Judge Laura Taylor Swain is no longer assigned to the case..(wb)
September 9, 2021 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. (wb)
September 1, 2021 Filing 6 NOTICE OF APPEARANCE by Nancy Darragh Killian on behalf of D. McIntosh..(Killian, Nancy)
August 27, 2021 Filing 5 Original Signature Received from Michael V. Gaines re: #2 Petition for Writ of Habeas Corpus. (sc)
August 18, 2021 Opinion or Order Filing 4 ORDER DIRECTING ORIGINAL SIGNATURE: Petitioner is directed to submit a signed signature page to this Court's Pro Se Unit within thirty (30) days of the date of this Order. The Clerk of Court is directed to mail a copy of this Order to Petitioner and note service on the 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). Signature Page due by 9/17/2021. (Signed by Chief Judge Laura Taylor Swain on 8/18/2021) (Attachments: #1 Signature Page) (ees) Transmission to Docket Assistant Clerk for processing.
August 18, 2021 NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(wb)
August 18, 2021 Mailed a copy of #4 Order Directing Original Signature, to Michael V. Gaines, DIN: 16A3861 at Clinton Correctional Facility, P.O. Box 2001, Dannemora, NY 12929. (Attachments: # 1 Signature Page) (dsh)
August 17, 2021 Opinion or Order Filing 3 ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 8/17/2021) (vn) Transmission to Docket Assistant Clerk for processing.
August 4, 2021 Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: Bronx. Document filed by Michael V. Gaines. (sac)
August 4, 2021 Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Michael V. Gaines. (sac)
August 4, 2021 Case Designated ECF. (sac)

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Petitioner: Michael V. Gaines
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Respondent: D. McIntosh
Represented By: BRONX COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC
Represented By: NEW YORK COUNTY DISTRICT ATTORNEYS OFFICE-GENERIC
Represented By: Emily Anne Aldridge
Represented By: Nancy Darragh Killian
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