Hare v. Rockwood
| Mr. Maxwell Hare and Maxwell Hare |
| Superintendent Mark Rockwood and Mark Rockwood |
| 1:2022cv03190 |
| April 19, 2022 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Katharine H Parker |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 17
ORDER granting #16 Letter Motion for Extension of Time to Answer addressed to Magistrate Judge Katharine H. Parker from John T. Hughes dated 5/31/2022. APPLICATION GRANTED. Mark Rockwood answer due 7/5/2022. (Signed by Magistrate Judge Katharine H. Parker on 5/31/2022) (vfr)
|
| Filing 16 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Katharine H. Parker from John T. Hughes dated 5/31/2022. Document filed by Mark Rockwood..(Hughes, John) |
| Received returned mail re: #14 Amended Petition, #4 Memorandum of Law, #2 Civil Cover Sheet, #8 Order Referring Case to Magistrate Judge, #15 Order, Set Deadlines, #1 Petition for Writ of Habeas Corpus. Mail was addressed to Attorney General of the State of New York, Attn: Section Chief, Federal Habeas Corpus Section, 120 Broadway, New York, NY 10271 and was returned for the following reason(s): Return To Sender, Unable To Forward, Unable To Forward, Return To Sender. (vn) |
|
Filing 15
ORDER: Maxwell Hare has petitioned this Court for a writ of habeas corpus pursuant to 28 U.S.C. 2254. In accordance with Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, I have considered the petition preliminarily and direct that respondent shall file either an answer or, if respondent has a basis on which to seek to have the petition denied or dismissed that does not require an answer, a motion with respect to the petition: (1)respondent shall file such answer or motion on or before June 20, 2022; (2)the answer or motion shall include an affidavit describing any facts relevant to the answer or motion and all documents necessary for the adjudication of this matter, including but not limited to transcripts of any relevant proceedings, the briefs submitted on appeal, the record in any state post-conviction proceedings, and such other information as may be necessary for this Court to adjudicate the petition; (3) the submission shall include a memorandum of law fully describing the factual and legal basis underlying the respondent's opposition and each statement of fact therein shall be accompanied by a citation to the appropriate transcript, affidavit or document by paragraph or page number; (4)petitioner shall have thirty (30) days from the date on which he is served with respondent's answer or motion to file a response or traverse; (5) an extra copy of all papers served and filed shall be sent to the undersigned at500 Pearl Street, New York, NY 10007; (6) if petitioner is pro se, respondent must send to petitioner a copy of each unpublished decision that is cited in his memorandum of law. The Clerk of the Court is directed to serve a copy of this Order and any other orders previously issued by the Court, the underlying petition, and any documents filed by the petitioner in support of the underlying petition (or in response to any order previously issued by the Court) on Attorney General of the State of New York, Attn: Section Chief, Federal Habeas Corpus Section, 120 Broadway, New York, NY 10271. Such service shall be made by Certified Mail, Return Receipt Requested. SO ORDERED. Copy to: Ronald Paul Hart, Esq., 225 Broadway, Suite 912, New York, NY 10007. Mark Rockwood answer due 6/20/2022.( Motions due by 6/20/2022.) (Signed by Magistrate Judge Katharine H. Parker on 4/25/2022) Copies Sent By Chambers. (vfr) Transmission to Docket Assistant Clerk for processing.
|
| Mailed Dkt 1 PETITION FOR WRIT OF HABEAS CORPUS to Attorney General of the State of New York, Attn: Section Chief, Federal Habeas Corpus Section, 120 Broadway, New York, NY 10271. by Certified Mail # 7019 1120 0000 8895 5008 with Return Receipt Requested. (dsh) |
| Mailed a copy of #14 Amended Petition, #4 Memorandum of Law, #2 Civil Cover Sheet, #8 Order Referring Case to Magistrate Judge, #15 Order, Set Deadlines, #1 Petition for Writ of Habeas Corpus, to Attorney General of the State of New York, Attn: Section Chief, Federal Habeas Corpus Section, 120 Broadway, New York, NY 10271. by Certified Mail # 7019 1120 0000 8895 5008 with Return Receipt Requested. (dsh) |
| Filing 14 FIRST AMENDED PETITION amending #7 Petition for Writ of Habeas Corpus,, 2254 County of Conviction: New York against Maxwell Hare.Document filed by Maxwell Hare. Related document: #7 Petition for Writ of Habeas Corpus,,. (Attachments: #1 Exhibit Hare Presentence Inv, #2 Exhibit Kinsman Presentence Inv, #3 Exhibit Hare CPL 330 Motion, #4 Exhibit Kinsman CPL Motion, #5 Exhibit First Dept. Decision 2/16/21, #6 Exhibit Ct of Appeals Denial 4/29/21, #7 Exhibit CT of Appeals Denial 4/29/21, #8 Affidavit Attorney Affirmation, #9 Appendix Letter Hyperlinks for Appx).(Hart, Ronald) |
| Filing 13 NOTICE OF APPEARANCE by John Tyler Hughes on behalf of Mark Rockwood..(Hughes, John) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ronald Paul Hart to RE-FILE Document No. #7 Petition for Writ of Habeas Corpus,,. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading;. Re-file the pleading using the event type Amended Petition found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ronald Paul Hart. The party information for the following party/parties has been modified: Mark Rockwood. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (pc) |
| Filing 12 CERTIFICATE OF SERVICE of Petition and Related Documents served on Petitioner-Maxwell Hare on 4/20/2022. Service was made by mail. Document filed by Maxwell Hare..(Hart, Ronald) |
| Filing 11 CERTIFICATE OF SERVICE of Petition and related documents served on Letitia James Atty General on 4/20/2022. Service was made by Mail. Document filed by Maxwell Hare..(Hart, Ronald) |
| Filing 10 CERTIFICATE OF SERVICE of Petition Related documents served on ADA Valerie Figueredo on 4/20/2022. Service was made by Mail. Document filed by Maxwell Hare..(Hart, Ronald) |
| Filing 9 CERTIFICATE OF SERVICE of Habeas Corpus Petition served on Mark Rockwood on 4/20/2022. Service was made by Mail. Document filed by Maxwell Hare..(Hart, Ronald) |
|
Filing 8
ORDER OF REFERENCE 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 Colleen McMahon on 4/21/2022) (kv)
|
| Filing 7 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: New York. Document filed by Maxwell Hare. (Attachments: #1 Exhibit Hare Pre-Sentence-Inv, #2 Exhibit Kinsman Pre-Sentence - Inv, #3 Exhibit Hare CPL 330 Motion, #4 Exhibit Kinsman CPL 330. Motion, #5 Exhibit First Dept. Decision 2/16/21, #6 Exhibit Ct of Appeals Denial 4/29/21, #7 Exhibit Ct of Appeals Denial 4/29/21, #8 Affidavit Attorney Affirmation, #9 Appendix Letter Hyperlink to Appendix).(Hart, Ronald) Modified on 4/22/2022 (pc). |
| Filing 6 MEMO ENDORSEMENT on re: #5 Letter Requesting Permission to Re-file Petition with Exhibits filed by Maxwell Hare. ENDORSEMENT : Refile with exhibits. (Signed by Judge Colleen McMahon on 4/20/22) (yv) |
| Filing 5 LETTER addressed to Judge Colleen McMahon from Ronald P. Hart, Esq., dated April 20, 2022 re: Permission to Re-file Petition with Exhibits. Document filed by Maxwell Hare..(Hart, Ronald) |
| Filing 4 MEMORANDUM OF LAW . Document filed by Maxwell Hare..(Hart, Ronald) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: New York. Document filed by Maxwell Hare. (Attachments: #1 Appendix Letter with Link to Appendix).(Hart, Ronald) Modified on 4/20/2022 (sj). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ronald Paul Hart re: Document No. #1 Petition for Writ of Habeas Corpus. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Elizabeth Omeara must be added to docket. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (sj) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Ronald Paul Hart. The following party/parties has been removed from this case: Mark Rockwood. The party was added to the case in error. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ronald Paul Hart. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1651; County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:2254; the County code has been modified to St. Lawrence; the Fee Status code has been modified to pd (paid). (sj) |
| Case Designated ECF. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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..(sj) |
| 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. (sj) |
| Filing 2 CIVIL COVER SHEET filed..(Hart, Ronald) |
| 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-26031277)Document filed by Maxwell Hare. (Attachments: #1 Exhibit Hare Pre-Sentence Inv., #2 Exhibit Kinsman Pre-Sentence, #3 Exhibit Hare CPL 330 Motion, #4 Exhibit Kinsman CPL 330 MOtion, #5 Exhibit First Dept. Decision, #6 Exhibit Ct of Appeal Leave Den., #7 Exhibit Ct of Appeals Leave Den., #8 Affidavit ATTY AFFIRMATION).(Hart, Ronald) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
