Dubois v. Capra
Petitioner: Gary Dubois
Respondent: Michael Capra
Case Number: 1:2021cv10357
Filed: December 5, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Katharine H Parker
Referring Judge: Mary Kay Vyskocil
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 January 31, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 31, 2022 Opinion or Order Filing 11 ORDER granting #10 LETTER MOTION for Extension of Time to File Answer re: #1 Petition for Writ of Habeas Corpus addressed to Magistrate Judge Katharine H. Parker from Priscilla Steward dated January 28, 2022. APPLICATION GRANTED. Michael Capra answer due 2/25/2022. (Signed by Magistrate Judge Katharine H. Parker on 1/31/2022) (mml)
January 28, 2022 Filing 10 LETTER MOTION for Extension of Time to File Answer re: #1 Petition for Writ of Habeas Corpus addressed to Magistrate Judge Katharine H. Parker from Priscilla Steward dated January 28, 2022. Document filed by Michael Capra..(Steward, Priscilla)
December 27, 2021 Filing 9 NOTICE OF APPEARANCE by Priscilla Israel Steward on behalf of Michael Capra..(Steward, Priscilla)
December 6, 2021 Opinion or Order 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 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 Respondent's answer. SO ORDERED. Michael Capra answer due on 2/4/2022. (Signed by Magistrate Judge Katharine H. Parker on 12/6/2021) (vfr)
December 6, 2021 Opinion or Order Filing 7 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 Katharine H. Parker. (Signed by Judge Mary Kay Vyskocil on 12/6/2021) (tg)
December 6, 2021 Opinion or Order Filing 6 ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. SO ORDERED. Motions terminated: #3 FIRST MOTION for Leave to Proceed Informa Pauperis . filed by Gary Dubois. (Signed by Judge Mary Kay Vyskocil on 12/6/2021) (tg)
December 6, 2021 Filing 5 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Gary Dubois..(Bova, Matthew)
December 6, 2021 Case Designated ECF. (pc)
December 6, 2021 Magistrate Judge Katharine H. Parker 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)
December 6, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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)
December 6, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Matthew Bova to RE-FILE Document No. #3 FIRST MOTION for Leave to Proceed Informa Pauperis .. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Use the official Motion for Leave to Proceed in Forma Pauperis form located in the forms section of the SDNY website. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 12/13/2021. (pc) Modified on 12/6/2021 (pc).
December 5, 2021 Filing 4 FIRST MEMORANDUM OF LAW re: #1 Petition for Writ of Habeas Corpus . Document filed by Gary Dubois. (Attachments: #1 Appendix Appendix of Exhibits (1 of 2), #2 Appendix Appendix of Exhibits (2 of 2)).(Bova, Matthew)
December 5, 2021 Filing 3 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - FIRST MOTION for Leave to Proceed Informa Pauperis . Document filed by Gary Dubois..(Bova, Matthew) Modified on 12/6/2021 (pc).
December 5, 2021 Filing 2 CIVIL COVER SHEET filed..(Bova, Matthew)
December 5, 2021 Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: New York. Document filed by Gary Dubois..(Bova, Matthew)

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Petitioner: Gary Dubois
Represented By: Matthew Bova
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Respondent: Michael Capra
Represented By: NEW YORK COUNTY DISTRICT ATTORNEYS OFFICE-GENERIC
Represented By: NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC
Represented By: Priscilla Israel Steward
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