Irick v. Capra, Superintendent of Sing Sing Correctional Facility
| Wilbur Irick |
| Michael Capra, Superintendent, Sing Sing Correctional Facility and Michael Capra |
| 1:2023cv09123 |
| October 17, 2023 |
| US District Court for the Southern District of New York |
| James L Cott |
| Jennifer L Rochon |
| 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 December 15, 2023. A more recent docket listing may be available from PACER.
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Filing 10
ORDER granting #9 Letter Motion for Extension of Time to Answer re #9 LETTER MOTION for Extension of Time to File Answer re: #1 Petition for Writ of Habeas Corpus addressed to Magistrate Judge James L. Cott from Priscilla Steward dated December 15, 2023.. Michael Capra answer due 1/26/2024. Application granted. The time to respond to the petition is extended to January 26, 2024. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 9 LETTER MOTION for Extension of Time to File Answer re: #1 Petition for Writ of Habeas Corpus addressed to Magistrate Judge James L. Cott from Priscilla Steward dated December 15, 2023. Document filed by Michael Capra..(Steward, Priscilla) |
| Filing 8 NOTICE OF APPEARANCE by Priscilla Israel Steward on behalf of Michael Capra..(Steward, Priscilla) |
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Filing 7
ORDER Wilbur Irick has petitioned this Court for a writ of habeas corpus pursuant to 28 U.S.C. 2254 and the petition has been referred to the undersigned for a report and recommendation (Dkt. No. 6). In accordance with Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, I have considered the petition preliminarily and direct that respondent shall file either an answer or, if respondent has a basis on which to seek to have the petition denied or dismissed that does not require an answer, a motion with respect to the petition. To this end, the Court directs as follows: (1) respondent shall file such answer or motion on or before December 27, 2023; (2) the answer or motion shall include an affidavit describing any facts relevant to the answer or motion and all documents necessary for the adjudication of this matter, including but not limited to transcripts of any The Clerk of the Court is directed to serve a copy of this Order and any other orders previously issued by the Court, the underlying petition, and any documents filed by petitioner in support of the underlying petition (or in response to any order previously issued by the Court) on the Attorney General of the State of New York, and on the District Attorney of New York County. Such service shall be made by ECF pursuant to Standing Order 21-MC-380. (And as further set forth herein.) SO ORDERED. Michael Capra answer due 12/27/2023. (Motions due by 12/27/2023.) (Signed by Magistrate Judge James L. Cott on 10/24/2023) (jca)
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Filing 6
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 James L. Cott. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/24/2023) (vfr)
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Filing 5
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/18/2023) (jca)
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| Case Designated ECF. (vf) |
| Magistrate Judge James L. Cott is designated to handle matters that may be referred in this case. 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. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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..(vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Matthew Bova. The party information for the following party/parties has been modified: Michael Capra, Superintendent, Sing Sing Correctional Facility. The information for the party/parties has been modified for the following reason/reasons: party text modified, party name entered incorrectly. (vf) |
| Filing 4 FIRST MEMORANDUM OF LAW in Support re: #1 Petition for Writ of Habeas Corpus . Document filed by Wilbur Irick..(Bova, Matthew) |
| Filing 3 CIVIL COVER SHEET filed..(Bova, Matthew) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Wilbur Irick..(Bova, Matthew) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: New York. Document filed by Wilbur Irick. (Attachments: #1 Appendix Appendix of Exhibits).(Bova, Matthew) |
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