Sharpe v. McFarland
| Elliett Sharpe |
| Warden Boncher and Patrick Mcfarland |
| 1:2022cv09834 |
| November 18, 2022 |
| US District Court for the Southern District of New York |
| Stewart D Aaron |
| Paul A Engelmayer |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 fd Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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Filing 13
HABEAS PACKAGE MAILED to Elliett Sharpe 59245-056 236 Beach Breeze Place Arverne, NY 11692, at, on 12/20/2022 Re: #11 Order to Answer, 28 U.S.C. 2241. 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. (aan)
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| MAILING RECEIPT: Document No: 12. Mailed to: Elliett Sharpe 59245-056 236 Beach Breeze Place Arverne, NY 11692. (dsh) |
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Filing 12
ORDER OF REFERENCE TO A 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 Stewart D. Aaron. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/19/2022) (ama)
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Filing 11
ORDER TO ANSWER, 28 U.S.C. 2241: The Court, having examined the petition in this action, which the petitioner filed pursuant to 28 U.S.C. 2241, hereby ORDERS that: The Clerk of Court shall 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. Within sixty days of the date of this order, the U.S. Attorney's Office 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. SO ORDERED. Patrick Mcfarland answer due on 2/17/2023. (Signed by Judge Paul A. Engelmayer on 12/19/2022) (ama) Transmission to Office of the Clerk of Court for processing.
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| Transmission to Pro Se Assistants. Transmitted re: #11 Order to Answer, 28 U.S.C. 2241,,,, to the Pro Se Assistants for processing..(ama) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Laura Taylor Swain is no longer assigned to the case. (sac) |
| Magistrate Judge Stewart D. Aaron 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) |
| Filing 9 DECLARATION of Elliot Sharpe. Document filed by Elliett Sharpe. (sc) |
| MAILING RECEIPT: Document No: 8. Mailed to: Elliett Sharpe 59245-056 236 Beach Breeze Place Arverne, NY 11692. (kh) |
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Filing 8
ORDER DIRECTING ORIGINAL SIGNATURE: Petitioner is directed to resubmit the signature page of the petition with an original signature to the Court within thirty days of the date of this order. A copy of the signature page is attached to this order. No answer shall be required at this time. If Petitioner complies with this order, the case shall be processed in accordance with the procedures of the Clerks Office. If Petitioner fails to comply with this order within the time allowed, the action will be dismissed. 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. Cf. Coppedge v. United States, 369 U.S. 438, 44445 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue).SO ORDERED. Signature Page due by 12/21/2022. (Signed by Judge Laura Taylor Swain on 11/21/22) (rdz)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac) |
| Filing 7 CASE TRANSFERRED IN from the United States District Court - District of Massachusetts; Case Number: 1:22-cv-11879. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba) |
| Case Designated ECF. (vba) |
| Filing 6 Case electronically transferred to the United States District Court for the Southern District of New York. Case file sent to the Clerk in that district. (Pacho, Arnold) [Transferred from Massachusetts on 11/18/2022.] |
| Filing 5 Copy re #4 Order, mailed to Petitioner on 11/9/22. (Pacho, Arnold) [Transferred from Massachusetts on 11/18/2022.] |
| Filing 4 Judge Richard G. Stearns: ORDER entered. 1. Residential Reentry Manager Patrick McFarland of the DOC's New York RRM office shall be substituted as the sole respondent. FMC Devens Warden Boncher shall be terminated as a party to this action. 2. Pursuant to 28 U.S.C. 1631, the clerk shall TRANSFER this action to the United States District Court for the Southern District of New York. (PSSA, 3) [Transferred from Massachusetts on 11/18/2022.] |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Paul G. Levenson. (Finn, Mary) [Transferred from Massachusetts on 11/18/2022.] |
| Filing 2 NOTICE Return address by Elliett Sharpe re #1 Petition for Writ of Habeas Corpus (2241) (Castilla, Francis) [Transferred from Massachusetts on 11/18/2022.] |
| Filing 1 PETITION for Writ of Habeas Corpus (2241), filed by Elliett Sharpe. (Attachments: #1 Letter, #2 Supplement 2241)(Castilla, Francis) [Transferred from Massachusetts on 11/18/2022.] |
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