Lanier v. Capra
| Da'Quan Lanier |
| Sgt. M. Capra |
| 1:2021cv09307 |
| November 10, 2021 |
| US District Court for the Southern District of New York |
| James L Cott |
| Alison J Nathan |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 11
AMENDED 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; General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James L. Cott. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/7/2021) (jca)
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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 General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James L. Cott. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/3/2021) (vfr)
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NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge James L. Cott. Please note that this is a reassignment of the designation only..(wb)
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Filing 9
INFORMATION PACKAGE MAILED to Da'Quan Lanier, 16A4665, at Sing Sing Correctional Facility, 354 Hunter Street, Ossining, NY 10562-5442, on 12/1/2021 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)
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Filing 8
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 Bronx 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. M. Capra answer due on 1/31/2022. (Signed by Judge Alison J. Nathan on 12/1/2021) (vfr) Transmission to Pro Se Assistants for processing.
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NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Unassigned is no longer assigned to the case. (aea)
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Magistrate Judge Kevin Nathaniel Fox 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. (aea)
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Filing 6
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 11/16/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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Filing 5
NOTICE OF APPEARANCE by Morgan Layne Namian on behalf of M. Capra..(Namian, Morgan)
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Filing 4
CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:21-cv-05221. Original file certified copy of transfer order and docket entries received. (sjo)
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Case Designated ECF. (sjo)
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Case transferred to the Southern District Of N.Y.. pursuant to Electronic Order dated 9/23/2021. Original file sent electronically to U.S.D.C-SDNY. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Layne, Monique) [Transferred from New York Eastern on 11/10/2021.]
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MEMORANDUM OF DECISION AND ORDER: For the reasons set forth in the attached Memorandum and Order, the Clerk of Court is directed to transfer this action to the United States District Court for the Southern District of New York. That provision of Local Rule 83.1 which requires a seven-day stay is hereby waived. The Clerk of the Court is also directed to mail a copy of this Order to the Petitioner and to close this case. Ordered by Judge LaShann DeArcy Hall on 9/23/2021. (Layne, Monique) (Layne, Monique). [Transferred from New York Eastern on 11/10/2021.]
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Filing 3
Prisoner Authorization (Bowens, Priscilla) [Transferred from New York Eastern on 11/10/2021.]
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Da'Quan Lanier. (Bowens, Priscilla) [Transferred from New York Eastern on 11/10/2021.]
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Filing 1
PETITION for Writ of Habeas Corpus , filed by Da'Quan Lanier. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) Modified on 9/21/2021 (Bowens, Priscilla). [Transferred from New York Eastern on 11/10/2021.]
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| Petitioner: Da'Quan Lanier | |
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| Respondent: Sgt. M. Capra | |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Represented By: | BRONX COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
| Represented By: | Morgan Layne Namian |
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