Brown v. State of New York
| Noel Brown |
| State of New York |
| 1:2022cv06371 |
| July 25, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul A Engelmayer |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Filing 10 NOTICE OF APPEARANCE by Robert Christopher McIver on behalf of State of New York. (Attachments: #1 Affidavit Declaration of Service).(McIver, Robert) |
| MAILING RECEIPT: Document No: 9. Mailed to: Noel Brown MW0387 Smart Communications/PADOC SCI-Somerset P.O. Box 33028 St. Petersburg, FL 33733. (kh) |
Filing 9
MEMO ENDORSEMENT granting #8 Motion to Stay re: #8 MOTION to Stay. ENDORSEMENT: Granted. The Court stays this litigation pending plaintiff's state court appeal. The plaintiff is directed to file a status letter every 90 days and within 7 days of a decision by the New York State Court of Appeals. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/23/2022) (tg)
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| Filing 8 NOTICE OF MOTION, Re: to Stay the Case. Document filed by Noel Brown.(sc) |
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Filing 7
HABEAS PACKAGE MAILED to Noel Brown MW 0387 Smart Communications/PADOC SCI-Somerset P.O. Box 33028 St. Petersburg, FL 33733, at, on 8/15/2022 Re: #6 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, Order granting IFP application, 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. (aan)
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Filing 6
ORDER TO ANSWER, 28 U.S.C. 2254: 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. The Court respectfully directs the Clerk to mail a copy of this order to plaintiff at the address on file. SO ORDERED. State of New York answer due on 10/11/2022. (Signed by Judge Paul A. Engelmayer on 8/12/2022) (tg)
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| Magistrate Judge Valerie Figueredo 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. (laq) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case. (laq) |
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Filing 4
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 8/1/2022) (vn)
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| Filing 3 APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS(Short Form). Document filed by Noel Brown.(sc) |
| MAILING RECEIPT: Document No: 2. Mailed to: Noel Brown MW0387 Smart Communications/PADOC SCI-Somerset P.O. Box 33028 St. Petersburg, FL 33733. (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 8/26/2022. In Forma Pauperis (IFP) Application due by 8/26/2022. (Signed by Judge Laura Taylor Swain on 7/27/2022) (Attachments: #1 Supplement IFP) (aan)
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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 Noel Brown. (sac) |
| Case Designated ECF. (sac) |
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| Petitioner: Noel Brown | |
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| Respondent: State of New York | |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Represented By: | NEW YORK COUNTY DISTRICT ATTORNEYS OFFICE-GENERIC |
| Represented By: | Robert Christopher McIver |
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