Wade v. Melecio
| Darius Wade |
| Superintendent Melecio |
| 1:2021cv09138 |
| November 2, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| James L Cott |
| Gregory H Woods |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Filing 7 NOTICE OF APPEARANCE by Paul Bernard Lyons on behalf of Melecio..(Lyons, Paul) |
Filing 6
INFORMATION PACKAGE MAILED to Darius Wade, DIN: 18A0271, at Walkill Correctional Facility, 50 McKendrick Road, P.O. Box G, Wallkill, NY 12589-2021, on 12/13/2021 Re: #4 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 5
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. (Signed by Judge Gregory H. Woods on 12/10/2021) (rro)
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Filing 4
ORDER TO ANSWER, 28 U.S.C. 2254: 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 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 Respondents answer. Melecio answer due on 2/8/2022. (Signed by Judge Gregory H. Woods on 12/10/2021) (rro) Transmission to Pro Se Assistants for processing.
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| 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) |
| NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. 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 12/08/2021, Receipt Number 46540190260. (stt) |
| 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 #2 Order Directing Payment of Fee or IFP Application to Darius Wade, DIN: 18A0271 at Walkill Correctional Facility, 50 McKendrick Road, P.O. Box G, Wallkill, NY 12589-2021. (kh) |
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Filing 2
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 12/6/2021. In Forma Pauperis (IFP) Application due by 12/6/2021. (Signed by Judge Laura Taylor Swain on 11/4/21) (Attachments: #1 Supplement ifp) (bl) Transmission to Docket Assistant Clerk for processing.
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| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: New York. Document filed by Darius Wade. (sac) |
| Case Designated ECF. (sac) |
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| Petitioner: Darius Wade | |
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| Respondent: Superintendent Melecio | |
| Represented By: | NEW YORK COUNTY DISTRICT ATTORNEYS OFFICE-GENERIC |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Represented By: | Paul Bernard Lyons |
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