Dray v. Smith
| Benjamin Dray |
| Brandon Smith |
| 1:2022cv00425 |
| January 18, 2022 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Sarah L Cave |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 5
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. This Order resolves ECF No. 4. SO ORDERED., Motions terminated: #4 FIRST LETTER MOTION to Compel District Attorney, New York County to show cause why writ should not be granted. addressed to Magistrate Judge Sarah L. Cave from Mark M. Baker dated February 17, 2022. filed by Benjamin Dray. (Signed by Magistrate Judge Sarah L Cave on 2/24/2022) (ama) Transmission to Docket Assistant Clerk for processing.
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| Filing 4 FIRST LETTER MOTION to Compel District Attorney, New York County to show cause why writ should not be granted addressed to Magistrate Judge Sarah L. Cave from Mark M. Baker dated February 17, 2022. Document filed by Benjamin Dray..(Baker, Mark) |
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Filing 3
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 Sarah L Cave. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/20/2022) (jca)
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| Filing 2 CIVIL COVER SHEET filed..(Baker, Mark) |
| Case Designated ECF. (pc) |
| Magistrate Judge Sarah L. Cave 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mark M. Baker. The party information for the following party/parties has been modified: Brandon Smith. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Mark M. Baker to RE-FILE Document No. #1 Petition for Writ of Habeas Corpus,. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet; Do not fill out citizenships of principal parties if Jurisdiction is NOT Diversity;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mark M. Baker. The following case opening statistical information was erroneously selected/entered: County code Albany; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to Greene; the Fee Status code has been modified to pd (paid);. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: New York. (Filing Fee $ 5.00, Receipt Number ANYSDC-25595781)Document filed by Benjamin Dray. (Attachments: #1 Affidavit, #2 Civil Cover Sheet, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Supplement).(Baker, Mark) |
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| Petitioner: Benjamin Dray | |
| Represented By: | Mark M. Baker |
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| Alternative dispute resolution (adr) provider: Brandon Smith | |
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