Jenkins v. Lilley
| Terrell Jenkins |
| Superintendent Lynn Lilley |
| 1:2023cv09613 |
| November 1, 2023 |
| US District Court for the Southern District of New York |
| Robert W Lehrburger |
| Gregory H Woods |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on December 21, 2023. A more recent docket listing may be available from PACER.
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| MAILING RECEIPT: Document No: 23. Mailed to: Terrell Jenkins 14-A-2803 Eastern NY Correctional Facility Box 338 Napanoch, NY 12458. (sha) |
Filing 23
ORDER granting in part #22 Letter Motion for Extension of Time to File Response/Reply re #22 FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Gregory H. Woods from Dana Poole dated December 19, 2023. Request granted in part. Time to respond extended to March 5, 2024. Petitioner's reply due May 5, 2024. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 12/20/2023) (mml) Modified on 12/20/2023 (mml).
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| Set/Reset Deadlines: Lynn Lilley answer due 3/5/2024. (mml) |
| Filing 22 FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Gregory H. Woods from Dana Poole dated December 19, 2023. Document filed by Lynn Lilley..(Poole, Dana) |
| MAILING RECEIPT: Document No: 18,20. Mailed to: Terrell Jenkins 14-A-2803 Eastern NY Correctional Facility Box 338 Napanoch, NY 12458. (sha) |
| Filing 21 LETTER addressed to Judge Gregory H. Woods from T. Jenkins, dated 12/8/23 re: I do not consent with all parties for the further proceedings before the Magistrate Judge. Document filed by Terrell Jenkins.(sc) |
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Filing 20
ORDER: On December 5, 2023, the Clerk of Court docketed a letter from Petitioner dated November 21, 2023. (Dkt. 17.) The letter asks for an extension of time to December 8, 2023 or the following week to "perfect a decision from the original due date on the 24th of November 2023." The letter does not identify the decision and indicates that Petitioner is not aware of Respondent's position on his request. On December 8, 2023, Respondent filed a letter, at the Court's request, suggesting that Petitioner's inquiry refers to the time to respond regarding consent to a Magistrate Judge for all purposes. (Dkt. 18.) As such consent requires agreement of all parties, and because Respondent has indicated they do not consent, there is no need to extend the time for Petitioner to respond. Accordingly, the request at Dkt. 17 is denied as moot. SO ORDERED. Copies transmitted this date to all counsel of record. The Court respectfully requests the Clerk of Court to mail a copy of this Order to the pro se Plaintiff: Terrell Jenkins, 14-A-2803, Eastern NY Correctional Facility, Box 338, Napanoch, NY 12458. (Signed by Magistrate Judge Robert W. Lehrburger on 12/11/2023) (mml)
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| Filing 19 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Dana Poole dated December 8, 2023 re: Order of December 8, 2023. Document filed by Lynn Lilley..(Poole, Dana) |
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Filing 18
ORDER: On December 5, 2023, the Clerk of Court docketed a letter from Petitioner dated November 21, 2023. (Dkt. 17.) The letter asks for an extension of time to December 8, 2023 or the following week to "perfect a decision from the original due date on the 24th of November 2023." The letter does not identify the decision and indicates that Petitioner is not aware of Respondent's position on his request. Accordingly, by December 14, 2023, Respondent shall file a letter responding to Petitioner's letter. SO ORDERED. Copies transmitted this date to all counsel of record. The Court respectfully requests the Clerk of Court to mail a copy of this Order to the pro se Plaintiff: Terrell Jenkins, 14-A-2803, Eastern NY Correctional Facility, Box 338, Napanoch, NY 12458. (Signed by Magistrate Judge Robert W. Lehrburger on 12/8/2023) (mml)
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| Filing 17 LETTER addressed to Judge Gregory H. Woods from T. Jenkins, dated 11/21/23 re: Today I write earnestly petitioning for an extension of time to perfect a decision from the original due date of 11/24/23, asking for permission to reschedule for the date of 12/8/23, or the week that follows. I have been experiencing a major delay in receiving appointed legal mail on time. Document filed by Terrell Jenkins.(sc) |
| Filing 16 LETTER addressed to Judge Gregory H. Woods from Dana Poole dated November 20, 2023 re: Order of November 10, 2023 re: conducting all further proceedings before the assigned Magistrate Judge. Document filed by Lynn Lilley..(Poole, Dana) |
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Filing 15
INFORMATION PACKAGE MAILED to Terrell Jenkins 14-A-2803 at Eastern NY Correctional Facility Box 338 Napanoch, NY 12458, on 11/15/2023 Re: #11 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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| MAILING RECEIPT: Document No: 14. Mailed to: Terrell Jenkins 14-A-2803 Eastern NY Correctional Facility Box 338 Napanoch, NY 12458. (sha) |
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Filing 14
ORDER To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://nysd.uscourts.gov/sites/default /files/2018-06/AO-3.pdf). The executed form should be filed on ECF as a Proposed Consent to Jurisdiction by US Magistrate Judge, and be described using the Proposed Consent to Jurisdiction by US Magistrate Judge filing event in accordance with ECF Rule 13.27. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this order advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/10/2023) (jca)
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| Filing 13 NOTICE OF APPEARANCE by Dana Renee Poole on behalf of Lynn Lilley..(Poole, Dana) |
| MAILING RECEIPT: Document No: 12. Mailed to: Terrell Jenkins 14-A-2803 Eastern NY Correctional Facility Box 338 Napanoch, NY 12458. (sha) |
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Filing 12
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 Gregory H. Woods on 11/6/2023) (rro)
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Filing 11
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 Manhattan District Attorney by electronic means through 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 Respondent's answer. Lynn Lilley answer due on 1/5/2024. (Signed by Judge Gregory H. Woods on 11/6/2023) (rro) Transmission to Pro Se Assistants for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Unassigned is no longer assigned to the case. (vba) |
| Magistrate Judge Robert W. Lehrburger 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. (vba) |
| Filing 9 CASE TRANSFERRED IN from the United States District Court - District of New York Northern; Case Number: 9:23-cv-00939. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba) |
| Case Designated ECF. (vba) |
| Filing 8 DECISION AND ORDER TRANSFERRING CASE: It is ORDERED that this action is transferred to the United States District Court for the Southern District of New York; and it is further ORDERED that the Clerk is directed to electronically transfer this action to the Clerk of the Southern District of New York. The Court hereby waives the fourteen (14) day waiting period provided for in Local Rule 3.7. Signed by U.S. District Judge Mae A. D'Agostino on 10/18/2023. (Copy served via regular mail)(meb) [Transferred from New York Northern on 11/1/2023.] |
| Filing 7 TEXT ORDER REOPENING CASE: This action was administratively closed due to petitioner's failure to comply with the filing fee requirements, and petitioner was directed to respond to the Order if s/he wished to pursue this action. Petitioner has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by U.S. District Judge Mae A. D'Agostino on 8/24/2023. (Copy served via regular mail)(meb) [Transferred from New York Northern on 11/1/2023.] |
| Filing 6 Letter enclosing the filing fee filed by Terrell Jenkins. (Mailing envelope included) (meb) [Transferred from New York Northern on 11/1/2023.] |
| Filing fee received: $5.00, receipt number 100000185 received from Eastern NY Correctional Facility. (meb) [Transferred from New York Northern on 11/1/2023.] |
| Filing 5 Letter filed by Terrell Jenkins. (Mailing envelope included) [The Clerk notes that this likely crossed in the mail with the #4 Decision and Order.] (meb) [Transferred from New York Northern on 11/1/2023.] |
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Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: It is hereby ORDERED that petitioner's IFP Application is DENIED as incomplete; and it is further ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further ORDERED that if petitioner wants to pursue this action, he must so notify the Court WITHIN THIRTY (30) DAYS of the filing date of this Order and either: (1) pay the court's filing fee of five dollars ($5.00); or (2) submit a completed and signed IFP Application that has been certified by an appropriate prison official at his facility; and it is further ORDERED that upon petitioner's compliance with this order, the Clerk shall reopen this action and forward it to the Court for review; and it is further ORDERED that the Clerk serve a copy of this Order on petitioner along with a blank IFP Application. Signed by U.S. District Judge Mae A. D'Agostino on 8/3/2023. (Copy served via regular mail, along with blank forms)(meb) [Transferred from New York Northern on 11/1/2023.]
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| Filing 3 MOTION to Stay filed by Terrell Jenkins. (meb) [Transferred from New York Northern on 11/1/2023.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Terrell Jenkins. (meb) [Transferred from New York Northern on 11/1/2023.] |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Terrell Jenkins. (Attachments: #1 Cover letter and mailing envelope)(meb) [Transferred from New York Northern on 11/1/2023.] |
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| Petitioner: Terrell Jenkins | |
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| Respondent: Superintendent Lynn Lilley | |
| Represented By: | NEW YORK COUNTY DISTRICT ATTORNEYS OFFICE-GENERIC |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Represented By: | Dana Renee Poole |
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