Diaz v. People of The State of New York
| Carlos Diaz |
| People of The State of New York |
| 1:2023cv03800 |
| May 4, 2023 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| ***DELETED DOCUMENT. Deleted document number 13 Letter. The document was incorrectly filed in this case. (sc) |
| MAILING RECEIPT: Document No: 12. Mailed to: Carlos Diaz 16-A-0371 Clinton Correctional Facility P.O. Box 2001 Dannemora, NY 12929. (kh) |
Filing 12
ORDER granting #11 Letter Motion for Extension of Time to File Response/Reply re #11 FIRST LETTER MOTION for Extension of Time to File Response/Reply to the Petition addressed to Judge Katherine Polk Failla from Philip V. Tisne dated May 22, 2023. Application GRANTED. The Court will grant this extension request in this one instance, but notes that the existence of a busy schedule is unlikely to move this Court a second time. The Clerk of Court is directed to terminate the pending motion at docket number 11, and to mail a copy of this endorsement to Petitioner at his address of record. SO ORDERD.. (Signed by Judge Katherine Polk Failla on 5/22/2023) (ks)
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| Filing 11 FIRST LETTER MOTION for Extension of Time to File Response/Reply to the Petition addressed to Judge Katherine Polk Failla from Philip V. Tisne dated May 22, 2023. Document filed by People of The State of New York..(Tisne, Philip) |
| Filing 10 NOTICE OF APPEARANCE by Philip Vyse Tisne on behalf of People of The State of New York..(Tisne, Philip) |
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Filing 9
INFORMATION PACKAGE MAILED to Carlos Diaz 16-A-0371 Clinton Correctional Facility P.O. Box 2001 Dannemora, NY 12929 on 05/16/2023 Re: #8 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 flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), 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. (ta)
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| Transmission to Pro Se Assistants. Transmitted re: #8 Order to Answer, 28 U.S.C. 2254,,,, to the Pro Se Assistants for processing..(tg) |
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Filing 8
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 (60) 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 (30) days from the date Petitioner is served with Respondent's answer. SO ORDERED. People of The State of New York answer due on 7/14/2023. (Signed by Judge Katherine Polk Failla on 5/15/2023) (tg)
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| 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. (sgz) |
| NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case. (sgz) |
| Pro Se Payment of Fee Processed: $5.00 Check processed by the Finance Department on 5/9/2023, Receipt Number 16100. (amf) |
| MAILING RECEIPT: Document No: 6. Mailed to: Carlos Diaz 16-A-0371 Clinton Correctional Facility P.O. Box 2001 Dannemora, NY 12929. (kh) |
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Filing 6
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 5/9/2023) (vn)
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| Filing 5 PRISONER AUTHORIZATION. Document filed by Carlos Diaz.(sc) |
| Filing 4 APPLICATION TO PROCEED WITHOUT PREPAYING FEES & COSTS. Document filed by Carlos Diaz.(sc) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Carlos Diaz..(rdz) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Carlos Diaz..(rdz) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: New York. Document filed by Carlos Diaz..(rdz) |
| Case Designated ECF. (rdz) |
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| Petitioner: Carlos Diaz | |
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| Respondent: People of The State of New York | |
| Represented By: | NEW YORK COUNTY DISTRICT ATTORNEYS OFFICE-GENERIC |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Represented By: | Philip Vyse Tisne |
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