Lopes v. Rockwood
| Christopher Lopes |
| M. Rockwood |
| 7:2022cv07887 |
| September 13, 2022 |
| US District Court for the Southern District of New York |
| Judith C McCarthy |
| Cathy Seibel |
| 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 11 STATE COURT TRANSCRIPT of proceedings in the COUNTY COURT, County of WESTCHESTER, Case Number 0093-17, held on july 9 to 24 2018 and dec 12 2018 before Judge LARRY SCHWARTZ. (Attachments: #1 Supplement trial july 12 to 13 2018, #2 Supplement trial July 16 to 19 2018, #3 Supplement trial July 20 to 24 2018, #4 Supplement sentencing December 12 2018).(Scanlon, Shea) |
| Filing 10 OPPOSITION BRIEF re: #9 Opposition Brief MEMORANDUM OF LAW. Document filed by M. Rockwood. (Attachments: #1 Exhibit 1_Indictment, #2 Exhibit 2_Petitioners omnibus motion, #3 Exhibit 3_Peoples response to omnibus motion, #4 Exhibit 4_Omnibus decision, #5 Exhibit 5_County Courts decision and order following hearing, #6 Exhibit 6_Petitioners appellate brief, #7 Exhibit 7_Respondents appellate brief, #8 Exhibit 8_Appellate Division decision and order, #9 Exhibit 9_Petitioners letter to COA, #10 Exhibit 10_Respondents letter to COA, #11 Exhibit 11_Court of Appeals decision denying leave to appeal).(Scanlon, Shea) |
| Filing 9 OPPOSITION BRIEF re: #2 Petition for Writ of Habeas Corpus . Document filed by M. Rockwood..(Scanlon, Shea) |
| Filing 8 NOTICE OF APPEARANCE by Shea Catherine Scanlon on behalf of M. Rockwood..(Scanlon, Shea) |
| MAILING RECEIPT: Document No: 7. Mailed to: Christopher Lopes 18-A-4822 Gouverneur Correctional Facility 112 Scotch Settlement Road P.O. Box 480 Gouverneur, NY 13642-087. (kh) |
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 Judith C. McCarthy. (Signed by Judge Cathy Seibel on 9/19/2022) (mml)
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Filing 6
INFORMATION PACKAGE MAILED to Christopher Lopes, 18-A-4822, at Gouverneur Correctional Facility, 112 Scotch Settlement Road, P.O. Box 480, Gouverneur, NY 13642-087, on 9/19/2022 Re: #5 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, 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. (sha)
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Filing 5
ORDER TO ANSWER, 28 U.S.C. 2254: 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 Westchester 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. M. Rockwood answer due on 11/15/2022. (Signed by Judge Cathy Seibel on 9/16/2022) (tg)
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| Magistrate Judge Judith C. McCarthy 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. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Unassigned is no longer assigned to the case. (vba) |
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Filing 3
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 9/15/2022) (vn)
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| Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: Westchester. Document filed by Christopher Lopes..(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Christopher Lopes..(rdz) |
| Case Designated ECF. (rdz) |
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| Petitioner: Christopher Lopes | |
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| Respondent: M. Rockwood | |
| Represented By: | WESTCHESTER COUNTY DISTRICT ATTORNEYS OFFICE - GEN |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Represented By: | Shea Catherine Scanlon |
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