Graham v. Lilley
Petitioner: Eugene Graham
Respondent: Lynn Lilley
Case Number: 1:2023cv05267
Filed: June 21, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Robert W Lehrburger
Referring Judge: Lorna G Schofield
2 Judge: Arun Subramanian
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 16, 2023 Opinion or Order Filing 11 ORDER 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 Bronx 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 Respondents answer. SO ORDERED. Copies transmitted this date to all counsel of record.Lynn Lilley answer due on 10/16/2023. (Signed by Magistrate Judge Robert W. Lehrburger on 8/16/2023) (tg)
August 16, 2023 Filing 10 LETTER addressed to Judge Arun Subramanian from Timothy Grinsell dated August 16, 2023 re: Status Report. Document filed by Eugene Graham..(Grinsell, Timothy)
August 11, 2023 Filing 9 NOTICE OF APPEARANCE by Larry Glasser on behalf of Lynn Lilley..(Glasser, Larry)
August 9, 2023 Opinion or Order Filing 8 NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Practices, which are available at https://nysd.uscourts.gov/hon-arun-subramanian. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Nothing herein shall affect the scope of the existing reference to the Magistrate Judge. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. Additionally, by August 22, 2023, the parties are hereby ORDERED to file on ECF a joint letter updating the Court on the status of the case. The joint letter shall not exceed five (5) pages, and shall provide the following information, to the extent it is relevant, in separate paragraphs: as set forth herein. SO ORDERED. (Signed by Judge Arun Subramanian on 8/09/2023) (ama)
August 4, 2023 NOTICE OF CASE REASSIGNMENT to Judge Arun Subramanian. Judge Lorna G. Schofield is no longer assigned to the case. (vba)
July 5, 2023 Filing 7 NOTICE OF APPEARANCE by David M. Cohn on behalf of Lynn Lilley..(Cohn, David)
June 27, 2023 Filing 6 NOTICE OF APPEARANCE by Margaret Elizabeth Knight on behalf of Eugene Graham..(Knight, Margaret)
June 26, 2023 Opinion or Order Filing 5 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 Robert W. Lehrburger. (Signed by Judge Lorna G. Schofield on 6/26/2023) (tg)
June 23, 2023 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Timothy Wood Grinsell to RE-FILE Document #4 Notice (Other). Use the event type Notice of Appearance found under the event list NOTICES. NOTE: THE WRONG ATTORNEY LOGIN WAS USED. IN ORDER FOR THE ATTORNEY TO BE ADDED TO THE CASE, THE ATTORNEY LISTED ON THE NOTICE HAS TO BE THE ONE FILING. (lb)
June 23, 2023 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. (gp)
June 23, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(gp)
June 23, 2023 Case Designated ECF. (gp)
June 22, 2023 Filing 4 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Appearance by Margaret Knight on behalf of Eugene Graham. Document filed by Eugene Graham..(Grinsell, Timothy) Modified on 6/23/2023 (lb).
June 21, 2023 Filing 3 BRIEF re: #1 Petition for Writ of Habeas Corpus in Support of Petition. Document filed by Eugene Graham. (Attachments: #1 Exhibit People v. Graham Appellate Division decision, #2 Exhibit Documents submitted to Appellate Division, #3 Exhibit Documents submitted to Court of Appeals, #4 Exhibit March 6, 2015 Decision and Order, #5 Exhibit People v. Graham trial transcript, #6 Exhibit People v. Graham pre-trial transcript).(Grinsell, Timothy)
June 21, 2023 Filing 2 CIVIL COVER SHEET filed..(Grinsell, Timothy)
June 21, 2023 Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: Bronx. (Filing Fee $ 5.00, Receipt Number ANYSDC-27903257)Document filed by Eugene Graham..(Grinsell, Timothy)

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Petitioner: Eugene Graham
Represented By: Timothy Wood Grinsell
Represented By: Margaret Elizabeth Knight
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Respondent: Lynn Lilley
Represented By: BRONX COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC
Represented By: NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC
Represented By: David M. Cohn
Represented By: Larry Glasser
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