Saunders v. Underwood
| Michael Saunders |
| Attorney General B. Underwood |
| 7:2018cv12406 |
| December 28, 2018 |
| US District Court for the Southern District of New York |
| Judith C McCarthy |
| Nelson Stephen Roman |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Mailed a copy of #7 Memo Endorsement, PACER Docket Sheet, to Michael Saunders DIN #13-A-3260 Green Haven Correctional Facility 594 Rt 216 Stormville, NY 12582. (aea)
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Filing 7
MEMO ENDORSEMENT on re: #6 Letter, filed by Michael Saunders. ENDORSEMENT: Your petition has been received. The Clerk is respectfully requested to mail a copy of the docket sheet and this endorsement to the pro se Petitioner. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 2/4/2019) (kv) Transmission to Docket Assistant Clerk for processing.
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Filing 6
LETTER from Michael Saunders dated January 28, 2019 re: I am writing to you, due to the fact that I had mailed this court my petition for Federal Writ of Habeas Corpus, regarding my Criminal Case. I would like to know if you are in receipt of said documents. Document filed by Michael Saunders.(sbr)
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Filing 5
HABEAS INFORMATION PACKAGE MAILED to Michael Saunders DIN #13-A-3260 Green Haven Correctional Facility 594 Rt 216 Stormville, NY 12582, at, on 1/28/2019 Re: #4 Order to Answer. 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. (nb)
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Mailed a copy of #4 Order to Answer, #1 Petition for Writ of Habeas Corpus to Attorney General of the State of New York by ce1iified mail to 28 Liberty Street, New York, New York, 10005; and on the District Attorney of Westchester County by certified mail to 111 Dr. Martin Luther King, Jr. Blvd., White Plains, New York 10601 by Certified Mail # 7017 3040 0000 9027 8714; 7017 3040 0000 9027 8707 with Return Receipt Requested. (aea)
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Mailed a copy of #3 Order Referring Case to Magistrate Judge, #4 Order to Answer, to Michael Saunders DIN #13-A-3260 Green Haven Correctional Facility 594 Rt 216 Stormville, NY 12582. (aea)
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Filing 4
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 remove B. Underwood, former Attorney General of the State of New York, and substitute under Rule 21 of the Federal Rules of Civil Procedure Jamie LaManna, the Superintendent of Green Haven Correctional Facility as Respondent. See Rule 2(b) of the Rules Governing Section 2254 Cases in the United States District Courts (The only proper respondent in a habeas corpus petition is the warden, custodian, or superintendent of the facility where petitioner is in custody). The Clerk of Court shall also serve a copy of this order and of the petition on the Attorney General of the State of New York by ce1iified mail to 28 Liberty Street, New York, New York, 10005; and on the District Attorney of Westchester County by certified mail to 111 Dr. Martin Luther King, Jr. Blvd., White Plains, New York 10601. 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. The Clerk of Court also directed to mail a copy of this Order to prose Petitioner and show proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 1/25/2019) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing 3
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. SO ORDERED. Clerk's Office directed to mail a copy of this Order to Petitioner and note proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 1/25/2019) (jca) Transmission to Docket Assistant Clerk for processing.
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Filing 1
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. (Filing Fee $ 5.00, Receipt Number 465407016655)Document filed by Michael Saunders.(pne) (Additional attachment(s) added on 1/2/2019: #1 Exhibit Mailing Envelope) (pne).
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Case Designated ECF. (pne)
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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. (pne)
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| Petitioner: Michael Saunders | |
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| Respondent: Attorney General B. Underwood | |
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