Carter v. Annucci et al
Petitioner: David Carter
Respondent: Anthony Annucci and Leticia James
Case Number: 1:2022cv09019
Filed: October 23, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Sarah Netburn
Referring Judge: Edgardo Ramos
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
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Docket Report

This docket was last retrieved on January 17, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 15, 2022 Opinion or Order Filing 34 ORDER granting #33 Letter Motion for Extension of Time to Answer. Respondent may file a response to the petition no later than March 1, 2023. No further extensions will be granted. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
December 15, 2022 MAILING RECEIPT: Document No: 34. Mailed to: David Carter 19-A-1009 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403. (dsh)
December 14, 2022 Filing 33 LETTER MOTION for Extension of Time to File Answer re: #1 Petition for Writ of Habeas Corpus addressed to Magistrate Judge Sarah Netburn from Priscilla Steward dated December 14, 2022. Document filed by Anthony Annucci, Leticia James..(Steward, Priscilla)
November 28, 2022 MAILING RECEIPT: Document No: 32. Mailed to: David Carter 19-A-1009 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403. (dsh)
November 23, 2022 Opinion or Order Filing 32 ORDER: Petitioner has not met the high burden to justify release pending a decision on his habeas petition. While the Court recognizes that the risk of COVID-19 remains high, that risk has been mitigated by a significant reduction in positive cases, the increase in vaccination rates, and the availability of medical treatment. With respect to Petitioner's claims on the merits of his case, those issues will not be adjudicated until the Respondent has filed its Answer and the state court record. (Signed by Magistrate Judge Sarah Netburn on 11/23/2022) (ras)
November 21, 2022 Filing 31 DECLARATION of David Carter in Support re: #30 Notice (Other). Document filed by David Carter. (sc)
November 21, 2022 Filing 30 NOTICE OF MOTION, Re: to release petitioner from prison until the outcome of the Petition and/or vacate the sentence. Document filed by David Carter. (sc)
November 18, 2022 MAILING RECEIPT: Document No: 29. Mailed to: David Carter 19-A-1009 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403. (kh)
November 17, 2022 Opinion or Order Filing 29 ORDER: The Court acknowledges receipt of Petitioner's recent letters. ECF Nos. 27 & 28. The Court will consider Petitioner's habeas petition, including his request for compassionate release, once Respondent has answered the petition. Under the Court's October 24, 2022 Order to Answer, the Respondent's answer is due on December 23, 2022. (Signed by Magistrate Judge Sarah Netburn on 11/17/2022) (ras)
November 15, 2022 Filing 28 LETTER from David Carter, dated 10/24/22 re: [TRIAL COURT FAILED TO CONDUCT APPROPRIATE INQUIRIES] - INEFFECTIVE COUNSEL. Document filed by David Carter.(sc)
November 15, 2022 Filing 27 LETTER addressed to Magistrate Judge Sarah Netburn from D. Carter, dated 10/31/22 re: "COMPASSIONATE RELEASE" [WHICH IS A RELIEF SOUGHT IN MY PETITION(PLEASE CONFIRM) AS WELL AS THE OTHER PERTINENT ISSUES THAT WERE RAISED]. Document filed by David Carter.(sc)
November 14, 2022 Request for Copies/Transcripts/Docket Sheet Processed: Mailed letter to David Cater #19-A-1009 at Marcy Correctional Facility, P.O. Box 3600, Marcy, NY 13403 advising that copy/copies of the Entire File requested will be furnished upon receipt of the statutory fee of $115.50 in the form of a company check, certified check or money order payable to the Clerk of the Court, SDNY. (dn)
November 7, 2022 Filing 26 LETTER addressed to Magistrate Judge Sarah Netburn from D. Carter, dated 10/28/22 re: I submitted various documents to the Eastern District(USDJ Lashann Hall and Magistrate Judge Lois Bloom). I respectfully ask that you contact the Eastern District concerning the aforementioned documents which are relevant to my Petition for Writ of Habeas Corpus. I also request copies of all submissions at the Court's convenience. Document filed by David Carter.(sc) Modified on 11/7/2022 (sc).
November 7, 2022 Request for Copies of Document Submissions Received: Re #26 Letter. Request for copies of all previous submissions including Petition Habeas Corpus from David Carter received on 11/7/22. Transmission to Pro Se Assistants for processing. (sc)
November 7, 2022 Request for Copies of Document Submissions Received: Re #26 Letter. Request for copies of all previous submissions including Petition Habeas Corpus from David Carter received on 11/7/22. Transmission to Records Management for processing. (sc)
November 4, 2022 Filing 25 NOTICE OF APPEARANCE by Priscilla Israel Steward on behalf of Anthony Annucci, Leticia James..(Steward, Priscilla)
November 3, 2022 Filing 24 LETTER from D. Carter, dated 10/17/22 re: I have a barrage of medical issues that vary. My main concern is my loss of hearing and lower back as well as others etc. I do not have time to lose on medical issues. I am almost sixty years old and, after awhile due to lack of medical care, certain of my conditions have become permanent. Please consider this in regard to my petition. Document filed by David Carter.(sc)
October 26, 2022 Opinion or Order Filing 23 INFORMATION PACKAGE MAILED to David Carter, 19-A-1009, at Marcy Correctional Facility, P.O. Box 3600, Marcy, NY 13403, on 10/26/2022 Re: #20 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)
October 26, 2022 MAILING RECEIPT: Document No: 22. Mailed to: David Carter 19-A-1009 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403. (dsh)
October 25, 2022 Opinion or Order Filing 22 ORDER: On October 24, 2022, the Honorable Edgardo Ramos referred this habeas corpus petition to me for a report and recommendation. See 28 U.S.C. 636(b)(1)(A). The parties shall comply with the schedule set forth in the October 24, 2022, Order to Answer. ECF No. 20. (Signed by Magistrate Judge Sarah Netburn on 10/25/2022) (ras)
October 25, 2022 MAILING RECEIPT: Document No: 21. Mailed to: David Carter 19-A-1009 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403. (dsh)
October 24, 2022 Opinion or Order Filing 21 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 Sarah Netburn. (Signed by Judge Edgardo Ramos on 10/24/2022) (rro)
October 24, 2022 Opinion or Order Filing 20 ORDER TO ANSWER, 28 U.S.C. 2254: Having determined that this petition under 28 U.S.C. 2254 should not be summarily dismissed, 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 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. Anthony Annucci answer due on 12/23/2022; Leticia James answer due on 12/23/2022. (Signed by Judge Edgardo Ramos on 10/24/2022) (rro) Transmission to Pro Se Assistants for processing.
October 24, 2022 Opinion or Order Filing 18 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 10/24/2022) (vn)
October 24, 2022 Magistrate Judge Sarah Netburn 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. (sac)
October 24, 2022 NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Edgardo Ramos. Judge Unassigned is no longer assigned to the case. (sac)
October 23, 2022 Filing 17 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:22-cv-02789. Original file certified copy of transfer order and docket entries received.
October 23, 2022 Case Designated ECF. (laq)
October 23, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (laq)
October 23, 2022 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (laq)
October 20, 2022 Opinion or Order Filing 16 TRANSFER ORDER: Accordingly, this Petition is hereby transferred to the United States District Court for the Southern District of New York pursuant to Local Rule 83.3 of this Court. Petitioner's request to proceed IFP is reserved for the transferee court. That provision of Rule 83.1 of the Local Rules of the Eastern District of New York which requires a seven-day delay is waived. The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Southern District of New York. The Court certifies under 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. SO ORDERED by Magistrate Judge Lois Bloom on 10/20/2022. C/mailed to pro se Petitioner. Case transferred electronically to the United States District Court for the Southern District of New York via CM/ECF Extract Civil Case. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (WL) [Transferred from New York Eastern on 10/23/2022.]
October 14, 2022 Filing 15 Letter dated March 4, 2022 from David Carter to the Honorable Michael Garcia, Court of Appeals of the State of New York, re: "Clarity and reit[t]eration." (WL) [Transferred from New York Eastern on 10/23/2022.]
September 23, 2022 Filing 14 Letter dated September 20, 2022 to Judge LaShann DeArcy Hall from pro se David Carter, notifying the Court "of the recent passing of his beloved Mother Barbara Jean Carter." (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 10/23/2022.]
August 11, 2022 Filing 13 NOTICE of Change of Address; filed by pro se David Carter, dated August 8, 2022. (Plaintiff's Address Updated.) (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 10/23/2022.]
August 11, 2022 Filing 12 Letter dated August 8, 2022 to Judge LaShann DeArcy Hall from pro se David Carter, "plead[ing] for [his] life to be released, [as he is] in danger." (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 10/23/2022.]
August 4, 2022 Filing 11 NOTICE / Requests, regarding Petitioner's #1 Petition for a Writ of Habeas Corpus, etc.; filed by pro se David Carter, dated July 27, 2022. W/Attachments. (See document for details.) (Latka-Mucha, Wieslawa) [Transferred from New York Eastern on 10/23/2022.]
July 21, 2022 Filing 10 NOTICE entitled ADDENDA-STATEMENT PURSUANT TO CPLR 5531 (filed in the NYS Supreme Court for date 5/5/2022), filed by David Carter. (Layne, Monique) [Transferred from New York Eastern on 10/23/2022.]
July 21, 2022 Filing 9 Letter (Courtesy Copy from the Supreme Court, Notice of Motion to Set Aside Verdict CPL 330.30 w/Affidavit in Support and attachments) from David Carter dtd. 7/18/2018. (File Stamped Date:7/18/2022) (Layne, Monique) [Transferred from New York Eastern on 10/23/2022.]
July 21, 2022 Filing 8 Letter (Courtesy Copy from the Supreme Court, Appellate Division dtd. 4/7/21) from David Carter dtd. 7/13/22. (File Stamp Date:7/18/2022) (Layne, Monique) [Transferred from New York Eastern on 10/23/2022.]
July 7, 2022 Filing 7 NOTICE undtd. by petitioner David Carter to U.S. District Court, advising "the Court should reverse Mr. Carter's conviction and remand for a new trial, pursuant to Crim.Pr. Law Sec. 310.30 and People v. O'Rama; and the conviction should be reversed and the charges of first-degree robbery and third degree criminal possession of a weapon should be dismissed." (Recv'd. for filing on 7/12/22) (Layne, Monique) [Transferred from New York Eastern on 10/23/2022.]
May 31, 2022 Filing 6 State Court Document filed by pro se David Carter (Brief For Defendant-Appellant David Carter-App. Case NO. 2019-3547/Ind. 3657-16) re #1 Petition for Writ of Habeas Corpus. (Layne, Monique) [Transferred from New York Eastern on 10/23/2022.]
May 31, 2022 Filing 5 AFFIDAVIT (For Leave To Appeal to 2nd Circuit) filed by David Carter. (Recv'd. on 6/2/2022 from Pro Se Dept.) (Layne, Monique) [Transferred from New York Eastern on 10/23/2022.]
May 26, 2022 Filing 4 Letter dated 5/23/2022 from pro se David Carter to Judge LaShann DeArcy Hall, re: an incident that led to him being cut from his ear lobe to jaw at the Great Meadow Facility, and requesting compensation. (Latka-Mucha, Wieslawa). Modified. [Transferred from New York Eastern on 10/23/2022.]
May 17, 2022 Case Reassigned to Judge LaShann DeArcy Hall(as per related cases). Judge Hector Gonzalez no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) [Transferred from New York Eastern on 10/23/2022.]
May 13, 2022 Filing 3 State Document re #1 Petition for Writ of Habeas Corpus, filed by David Carter. (Almonte, Giselle) [Transferred from New York Eastern on 10/23/2022.]
May 10, 2022 Filing 2 MOTION for Leave to Proceed in forma pauperis by David Carter. (Davis, Kimberly) [Transferred from New York Eastern on 10/23/2022.]
May 10, 2022 Filing 1 PETITION for Writ of Habeas Corpus , filed by David Carter. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) [Transferred from New York Eastern on 10/23/2022.]

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