Johnson v. Capra
| Darryl Johnson |
| M. Capra |
| 1:2022cv10754 |
| December 19, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Jennifer L Rochon |
| Laura Taylor Swain |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 7
INFORMATION PACKAGE MAILED to Darryl Johnson 18-A-0997, at Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442, on 2/13/2023 Re: #6 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 6
ORDER TO ANSWER, 28 U.S.C. 2254 Having determined that this petition under 28 U.S.C. 2254 should not be summarily denied, 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 60 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 30 days from the date Petitioner is served with Respondent's answer. SO ORDERED. M. Capra answer due on 4/11/2023. (Signed by Judge Jennifer L. Rochon on 2/10/2023) (jca) Transmission to Pro Se Assistants for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge Laura Taylor Swain is no longer assigned to the case. (sac) |
| 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) |
| Pro Se Payment of Fee Processed: $5.00 Check processed by the Finance Department on 1/19/2023, Receipt Number 11215. (prs) |
| Filing 4 Original Signature Received from Darryl Johnson re: #1 Petition for Writ of Habeas Corpus. (sc) |
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Filing 3
ORDER DIRECTING ORIGINAL SIGNATURE: Petitioner is directed to submit a signed signature page to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Court certifies, pursuant to 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Signature Page due by 2/8/2023. (Signed by Judge Laura Taylor Swain on January 9, 2023) (Attachments: #1 Section 2254 Signature Page) (jjg) Transmission to Docket Assistant Clerk for processing.
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| MAILING RECEIPT: Document No: 3. Mailed to: Darryl Johnson 18-A-0997 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442. (dsh) |
| MAILING RECEIPT: Document No: 2. Mailed to: Darryl Johnson 18-A-0997 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442. (dsh) |
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Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Court certifies, pursuant to 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 1/20/2023. In Forma Pauperis (IFP) Application due by 1/20/2023. (Signed by Judge Laura Taylor Swain on 12/21/2022) (Attachments: #1 Supplement IFP) (aan)
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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 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: New York. Document filed by Darryl Johnson..(rdz) |
| Case Designated ECF. (rdz) |
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| Petitioner: Darryl Johnson | |
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| Respondent: M. Capra | |
| Represented By: | NEW YORK COUNTY DISTRICT ATTORNEYS OFFICE-GENERIC |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
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