Medina v. Melecio
| Arturo Medina |
| Phil Melecio |
| 1:2023cv01495 |
| February 17, 2023 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Robert W Lehrburger |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on June 8, 2023. A more recent docket listing may be available from PACER.
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| MAILING RECEIPT: Document No: 12. Mailed to: Arturo Medina DIN:16A4863 50 McKendrick Road Wallkill, NY 12589-0286. (kh) |
Filing 12
MEMO ENDORSEMENT on re: #11 Letter filed by Phil Melecio. ENDORSEMENT: If Petitioner wishes to reply to this letter opposition to his motion requesting a stay, he shall do so no later than May 10, 2023. If the Court does not receive a reply by that date, it will proceed to resolve the stay request based on the existing record. The Clerk of Court is respectfully requested to mail a copy of this order to Petitioner and note service on the docket. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 4/12/2023) (tg)
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| Filing 11 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Priscilla Steward dated April 12, 2023 re: Opposition to Petitioner's Request for a Stay. Document filed by Phil Melecio..(Steward, Priscilla) |
| MAILING RECEIPT: Document No: 10. Mailed to: Arturo Medina DIN:16A4863 50 McKendrick Road Wallkill, NY 12589-0286. (kh) |
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Filing 10
ORDER: Respondent shall file a response to Petitioner's request for a stay at Dkt. 9 by April 12, 2023; shall serve a copy of same on Petitioner within two days of filing; and shall file proof of service within two days thereafter. The Clerk of Court is respectfully requested to mail a copy of this order to Petitioner and note service on the docket. (Signed by Magistrate Judge Robert W. Lehrburger on 4/5/2023) (rro)
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| Filing 9 LETTER addressed to Magistrate Judge Robert W. Lehrburger from A. Medina, dated 3/24/23 re: REQUEST TO STAY, & HOLD IN ABEYANCE A WRIT OF HABEAS CORPUS TO AFFORD THE PETITIONER THE OPPORTUNITY TO EXHAUST STATE REMEDIES IN ACCORDANCE WITH 28:2254(b)(1)(A) & ZARVELA V. ARTUZ 254F.3d374; ETC. Document filed by Arturo Medina.(sc) |
| Filing 8 NOTICE OF APPEARANCE by Priscilla Israel Steward on behalf of Phil Melecio..(Steward, Priscilla) |
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Filing 7
INFORMATION PACKAGE MAILED to Arturo Medina, DIN: 16A4863, at Wallkill Correctional Facility, 50 McKendrick Road, Wallkill, NY 12589-0286, on 3/3/2023 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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| MAILING RECEIPT: Document No: 6. Mailed to: Arturo Medina DIN:16A4863 50 McKendrick Road Wallkill, NY 12589-0286. (kh) |
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Filing 6
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 Robert W. Lehrburger. SO ORDERED. The Clerk of Court is directed to mail a copy of this Order to Petitioner at his address of record. (Signed by Judge Katherine Polk Failla on 3/2/2023) (ks)
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Filing 5
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 (i) an answer, motion, or other response to the petition, and (ii) 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. Finally, the Clerk of Court is directed to mail a copy of this Order to Petitioner at his address of record. (Signed by Judge Katherine Polk Failla on 3/2/2023) (rro) Transmission to Pro Se Assistants for processing.
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| MAILING RECEIPT: Document No: 3. Mailed to: Arturo Medina DIN:16A4863 50 McKendrick Road Wallkill, NY 12589-0286. (kh) |
| NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case. (sac) |
| Magistrate Judge Robert W. Lehrburger 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) |
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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 3/1/2023) (sha)
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| Filing 2 DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Arturo Medina. (sac) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: New York. Document filed by Arturo Medina. (sac) |
| Case Designated ECF. (sac) |
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| Petitioner: Arturo Medina | |
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| Respondent: Phil Melecio | |
| Represented By: | NEW YORK COUNTY DISTRICT ATTORNEYS OFFICE-GENERIC |
| Represented By: | Priscilla Israel Steward |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
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