Weston v. Capra
| Atiq Weston |
| Michael Capra |
| 7:2018cv05770 |
| June 26, 2018 |
| US District Court for the Southern District of New York |
| Judith C McCarthy |
| Nelson Stephen Roman |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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| Mailed a copy of #16 Order on Application for the Court to Request Counsel, to Atiq Weston 14-A-2762 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (aea) |
Filing 16
ORDER denying #3 Application for the Court to Request Counsel. Petitioner's application is denied with leave to renew should circumstances change. The Clerk of the Court is respectfully requested to terminate the pending application and mail a copy of this Order to the pro se Petitioner. (Signed by Magistrate Judge Judith C. McCarthy on 8/17/2018) (Attachments: #1 Attachment) (mro) Transmission to Docket Assistant Clerk for processing.
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| Filing 15 LETTER addressed to Magistrate Judge Judith C. McCarthy from A. Weston, dated 8/7/18 re: Petitioner informs the Court that the respondent has not submitted a response within the time limit set by the Court, and Petitioner requests that the Respondent be barred from submitting any opposing arguments to the Petitioner's Request for Counsel. Document filed by Atiq Weston.(sc) |
| Filing 14 LETTER addressed to Magistrate Judge Judith C. McCarthy from Andrew Kass dated August 3, 2018 re: July 17, 2018 Directive. Document filed by Michael Capra.(Kass, Andrew) |
| Filing 13 NOTICE OF APPEARANCE by Andrew R. Kass on behalf of Michael Capra. (Attachments: #1 Proof of Service)(Kass, Andrew) |
| Filing 12 NOTICE OF APPEARANCE by Andrew R. Kass on behalf of Michael Capra. (Kass, Andrew) |
| Received Return Receipt of Mail Order by Certified Mail as to Attorney General of the state of NY, 28 Liberty Street, New York, NY 10005, which was served by Certified Mail # 7017 2680 0000 1025 6940, on July 17, 2018. (Zygmuntowicz, William) |
| Filing 11 LETTER from A. Weston, dated 7/16/18 re: Petitioner requests that the Court send him/her a copy of the Petition for Writ of Habeas Corpus. Document filed by Atiq Weston.(sc) |
| Received Return Receipt of Mail Order by Certified Mail as to District Attorney for Orange County, 255 Main Street, Goshen, NY 10924, which was served by Certified Mail # 7017 2680 0000 1025 6933. (vba) |
| Mailed a copy of #10 Memo Endorsement, Set Deadlines, to Atiq Weston 14-A-2762 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (aea) |
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Filing 10
MEMO ENDORSEMENT on re: #3 APPLICATION for the Court to Request Counsel. filed by Atiq Weston. ENDORSEMENT: Respondent is directed to submit a reply to Petitioner's request for appointment of counsel by July 27, 2018. In particular, Respondent is directed to address Petitioner's contention that there is a need for an evidentiary hearing in this matter. (Docket No. 2 at 57, 66, 77); see US. el rel. Cadogan v. La Vallee, 502 F.2d 824, 826 (2d Cir. 1974) ("Where... an evidentiary hearing is unnecessary, the appointment of counsel to represent a pro se habeas petitioner rests in the court's discretion."). The clerk of court is respectfully requested to mail a copy of this Order to the pro se Petitioner. So Ordered. (Responses due by 7/27/2018) (Signed by Magistrate Judge Judith C. McCarthy on 7/17/18) (yv)
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| Transmission to Docket Assistant Clerk. Transmitted re: #10 Memo Endorsement, Set Deadlines, to the Docket Assistant Clerk for case processing. (yv) |
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Filing 9
FRCP 4 SERVICE PACKAGE MAILED to Atiq Weston at Sing Sing Correctional Facility 354 Hunter Street, Ossining, NY 10562 on 07/11/2018 Re: #7 Order to Answer, ia REGULAR MAIL. 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 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. (sbr)
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| Mailed a copy of #7 Order to Answer, #2 Petition for Writ of Habeas Corpus to Attorney General of the State of New York, 28 Liberty Street, New York, NY 10005 by Certified Mail # 7017 2680 0000 1025 6940 with Return Receipt Requested. (vba) |
| Mailed a copy of #7 Order to Answer, #2 Petition for Writ of Habeas Corpus to District Attorney for Orange County, 255 Main Street, Goshen, NY 10924. by Certified Mail # 7017 2680 0000 1025 6933 with Return Receipt Requested. (vba) |
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Filing 8
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 Judith C. McCarthy. (Signed by Judge Nelson Stephen Roman on 7/10/2018) Copies Mailed 7/10/2018 By Chambers. (ne)
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Filing 7
ORDER TO ANSWER, 28 U.S.C. 2254: Having examined this petition under 28 U.S.C. 2254, the Court hereby ORDERS that: The Clerk of Court shall serve a copy of this order and of the petition on the Attorney General of the State of New York by ce1tified mail to 28 Liberty Street, New York, New York 10005; and on the District Attorney for Orange County by certified mail to 255 Main Street, Goshen, New York 10924. Within sixty days of the date of this order, Respondent shall file and serve (1) an answer to the petition and (2) the transcripts and briefs identified in Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. Petitioner may file and serve reply papers, if any, within thirty days from the date he is served with Respondent's answer. (Signed by Judge Nelson Stephen Roman on 7/10/2018) Copies Mailed 7/10/2018 By Chambers. (ne)
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| Transmission to Docket Assistant Clerk. Transmitted re: #7 Order to Answer to the Docket Assistant Clerk for case processing. (ne) |
| Mailed a copy of #6 Order Granting IFP Application to Atiq Weston 14-A-2762 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (mhe) |
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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 Colleen McMahon on 7/3/2018) (sac)
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| Transmission to Docket Assistant Clerk. Transmitted re: #6 Order Granting IFP Application, to the Docket Assistant Clerk for case processing. (sac) |
| Magistrate Judge Judith C. McCarthy 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: #http://nysd.uscourts.gov/forms.php. (jc) |
| NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Unassigned is no longer assigned to the case. (jc) |
| Pro Se Payment of Fee Processed: $5.00 Money Order processed by the Finance Department on 07/02/2018, Receipt Number 465401212828. (jkr) |
| Filing 4 PRISONER AUTHORIZATION. Document filed by Atiq Weston.(rdz) |
| Filing 3 APPLICATION for the Court to Request Counsel. Document filed by Atiq Weston.(rdz) |
| Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Atiq Weston. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Atiq Weston.(rdz) |
| Case Designated ECF. (rdz) |
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| Respondent: Michael Capra | |
| Represented By: | Andrew R. Kass |
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| Petitioner: Atiq Weston | |
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