Jenkins v. Capra
| Daemon Jenkins |
| Michael Capra |
| 1:2023cv08274 |
| September 18, 2023 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| 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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| MAILING RECEIPT: Document No: 8. Mailed to: Daemon Jenkins DIN:18A4634 354 Hunter Street Ossining, NY 10562. (sha) |
Filing 8
ORDER granting #7 Letter Motion for Extension of Time to Answer re #7 FIRST LETTER MOTION for Extension of Time to File Answer with declaration of service addressed to Magistrate Judge Robert W. Lehrburger from Senior Assistant Attorney General Michelle Maerov dated November 10, 2023. Request granted. Respondent's answer shall be filed by January 26, 2024. Petitioner's reply shall be filed by March 25, 2024. SO ORDERED. Michael Capra answer due 1/26/2024. (Signed by Magistrate Judge Robert W. Lehrburger on 11/13/2023) (mml)
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| Filing 7 FIRST LETTER MOTION for Extension of Time to File Answer with declaration of service addressed to Magistrate Judge Robert W. Lehrburger from Senior Assistant Attorney General Michelle Maerov dated November 10, 2023. Document filed by Michael Capra..(Maerov, Michelle) |
| MAILING RECEIPT: Document No: 5. Mailed to: Daemon Jenkins DIN:18A4634 354 Hunter Street Ossining, NY 10562. (sha) |
| Filing 6 NOTICE OF APPEARANCE by Michelle Elaine Maerov on behalf of Michael Capra..(Maerov, Michelle) |
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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 Paul A. Engelmayer on 10/23/2023) (rro)
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Filing 4
INFORMATION PACKAGE MAILED to Daemon Jenkins DIN: 18A4634 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562, on 9/28/2023 Re: #3 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. (sha)
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Filing 3
ORDER TO ANSWER, 28 U.S.C. 2254 Having determined under 28 U.S.C. 2254 that the petition in the above-captioned case 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 the County of New York 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 response. SO ORDERED. Michael Capra answer due on 11/27/2023. (Signed by Judge Paul A. Engelmayer on 9/26/2023) (jca) Transmission to Pro Se Assistants for processing.
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| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: New York. (Filing Fee $ 5.00, Receipt Number 21255) Document filed by Daemon Jenkins. (sac) |
| Case Designated ECF. (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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| Petitioner: Daemon Jenkins | |
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| Respondent: Michael Capra | |
| Represented By: | NEW YORK COUNTY DISTRICT ATTORNEYS OFFICE-GENERIC |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Represented By: | Michelle Elaine Maerov |
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