DeJesus v. Royce
| Jaime DeJesus |
| Mark Royce |
| 1:2022cv07212 |
| August 24, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Jesse M Furman |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| Filing 10 NOTICE OF APPEARANCE by David M. Cohn on behalf of Mark Royce..(Cohn, David) |
Filing 9
ORDER GRANTING A RHINES STAY granting #3 Letter Motion to Stay re: #3 MOTION to Stay . It is hereby ORDERED, the Petitioners unopposed Motion for a Rhines Stay is GRANTED. Petitioner shall promptly notify the Court if or when the stay should be lifted and, in the interim, shall file a status report with the Court every six months. The Clerk of Court is directed to put this case on the suspense docket and to terminate ECF No. 3.. (Signed by Judge Jesse M. Furman on 9/14/22) (yv)
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| Filing 8 DECLARATION of Noah J Chamoy . Document filed by Mark Royce..(Chamoy, Noah) |
| Filing 7 NOTICE OF APPEARANCE by Noah Jeffrey Chamoy on behalf of Mark Royce..(Chamoy, Noah) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #5 MOTION for Aaron Spolin to Appear Pro Hac Vice on behalf of Petitioner. Filing fee $ 200.00, receipt number ANYSDC-26598632. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California 415-865-7000 and Supreme Court of Michigan 517-373-0120; Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz) |
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Filing 6
ORDER: In this case, brought pursuant to 28 U.S.C. 2254, Petitioner Jaime DeJesus moves for a stay pursuant to Rhines v. Weber, 544 U.S. 269 (2005). See ECF No. 3. Respondent shall file any opposition to the motion for a stay by September 22, 2022; Petitioner shall file any reply by September 29, 2022. Respondent's answer deadline is hereby STAYED pending a ruling on Petitioner's motion. In addition, Petitioner's request to substitute Respondent, see ECF No. 3, at 1 n.1, is denied as premature. Petitioner should promptly move for substitution if or when he is actually transferred. The Clerk of Court is directed to serve a copy of (1) this Order, (2) the Petition, ECF No. 1, and (3) the Motion to Stay, ECF No. 3, on the Attorney General of the State of New York and on the District Attorney of Bronx County by electronic means through use of the Court's CM/ECF system. SO ORDERED., ( Responses due by 9/22/2022, Replies due by 9/29/2022.) (Signed by Judge Jesse M. Furman on 8/26/2022) (ama) Transmission to Docket Assistant Clerk for processing.
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| Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Aaron Spolin to Appear Pro Hac Vice on behalf of Petitioner. Filing fee $ 200.00, receipt number ANYSDC-26598632. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jaime DeJesus. (Attachments: #1 Text of Proposed Order Proposed Order).(Spolin, Aaron) Modified on 8/29/2022 (sgz). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #4 MOTION for Aaron Spolin to Appear Pro Hac Vice on behalf of Petitioner. Filing fee $ 200.00, receipt number ANYSDC-26596011. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Courts of New York, California, Texas and Michigan; missing Proposed Order; Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz) |
| Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Aaron Spolin to Appear Pro Hac Vice on behalf of Petitioner. Filing fee $ 200.00, receipt number ANYSDC-26596011. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jaime DeJesus..(Spolin, Aaron) Modified on 8/26/2022 (sgz). |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Annette Marie Gifford. The party information for the following party/parties has been modified: Mark Royce. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf) |
| 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. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(vf) |
| Case Designated ECF. (vf) |
| Filing 3 MOTION to Stay . Document filed by Jaime DeJesus. (Attachments: #1 Text of Proposed Order Proposed Order).(Gifford, Annette) |
| Filing 2 CIVIL COVER SHEET filed..(Gifford, Annette) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: Bronx. (Filing Fee $ 5.00, Receipt Number ANYSDC-26588118)Document filed by Jaime DeJesus..(Gifford, Annette) |
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| Petitioner: Jaime DeJesus | |
| Represented By: | Annette Marie Gifford |
| Represented By: | Aaron Spolin |
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| Respondent: Mark Royce | |
| Represented By: | Noah Jeffrey Chamoy |
| Represented By: | David M. Cohn |
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