Giovinco v. McFarland et al
| Frank J. Giovinco |
| Patrick Mcfarland and RRM New York |
| 1:2022cv08829 |
| October 17, 2022 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 fd Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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This docket was last retrieved on December 12, 2022. A more recent docket listing may be available from PACER.
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Filing 9
ORDER granting in part #8 Letter Motion for Extension of Time to File Response/Reply re #8 LETTER MOTION for Extension of Time to File Response/Reply to Petition addressed to Judge John P. Cronan from David Farber dated 12/9/2022. The request is granted in part. Respondent shall respond to the Petition by January 6, 2023; Petitioner shall reply by January 20, 2023. SO ORDERED. Responses due by 1/6/2023 Replies due by 1/20/2023. (Signed by Judge John P. Cronan on 12/12/2022) (jca)
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| Filing 8 LETTER MOTION for Extension of Time to File Response/Reply to Petition addressed to Judge John P. Cronan from David Farber dated 12/9/2022. Document filed by Patrick Mcfarland..(Farber, David) |
| Filing 7 NOTICE OF APPEARANCE by David E. Farber on behalf of Patrick Mcfarland..(Farber, David) |
| Mailed a copy of #6 Order to Answer, to Civil Division of the U.S. Attorney's Office for the Southern District of New York at 86 Chambers Street, 3rd Floor, New York, NY 10007. (sha) |
| Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on November 2, 2022. Petitioner appeared; Respondent did not appear. Petitioner discussed the location in which he is presently being held. The Court will separately issue a briefing schedule. (Court Reporter Martha Martin) (mhe) |
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Filing 6
ORDER TO ANSWER 28 U.S.C SECTION 2241: Petitioner Frank J. Giovinco brings this action pursuant to 28 U.S.C. 2241, challenging the Bureau of Prisons's denial of time credits to which he claims he is entitled under the First Step Act of 2018, Pub. L. No. 155-391, 132 Stat. 5194. Dkt. 1 ("Petition"). On November 2, 2022, the Court held a telephonic conference to determine whether venue for this case would be proper in this District. Although due to a clerical error Respondent was not notified of the conference, based on Petitioner's representations during the conference that he is confined in the Bronx and was confined there when he initiated this action, the Court believes that venue is proper. Consequently, within thirty days of the date of this Order, the Civil Division of the U.S. Attorney's Office for the Southern District of New York shall file an answer or other pleadings in response to the Petition. Petitioner may file reply papers, if any, within fourteen days from the date he is served with Respondent's answer. The Clerk of Court is respectfully directed to mail a copy of this Order to the Civil Division of the U.S. Attorney's Office for the Southern District of New York at 86 Chambers Street, 3rd Floor, New York, NY 10007. SO ORDERED. (Signed by Judge John P. Cronan on 11/2/2022) (tg)
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Filing 5
INFORMATION PACKAGE MAILED to Frank J. Giovinco, 79873-054, at 100 29th Street, Brooklyn, NY 11232, on 10/27/2022 Re: #4 Order to Answer. 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 4
ORDER TO ANSWER 28 U.S.C. SECTION 2241: Upon review of the Petition, the Court orders the parties to appear by telephone for a conference at 1:30 p.m. on November 2, 2022, to discuss whether venue is proper in this District or whether instead the case should be transferred to the Eastern District of New York, where Petitioner alleges he is currently incarcerated. Because Petitioner remains in custody, the Civil Division of the U.S. Attorney's Office for the Southern District of New York is further ordered to arrange for his participation, by telephone, at the conference. At the scheduled time, the parties should call (866) 434-5269, access code 9176261. Within sixty days of the date of this Order, the Civil Division of the U.S. Attorney's Office for the Southern District of New York shall file an answer or other pleadings in response to the Petition. Petitioner may file reply papers, if any, within thirty days from the date Petitioner is served with Respondent's answer. The Clerk of Court is respectfully directed to electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued. SO ORDERED. ( Telephone Conference set for 11/2/2022 at 01:30 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 10/26/2022) (tg).
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| Filing 2 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Frank J. Giovinio consents to receive electronic service via the ECF system. Document filed by Frank J. Giovinco..(rdz) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number XXXXXX) Document filed by Frank J. Giovinco..(rdz) Modified on 10/18/2022 (rdz). |
| Case Designated ECF. (rdz) |
| Magistrate Judge Barbara C. Moses 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. (rdz) |
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