Lewis v. The People of the State of New York
| Robert Lewis |
| The People of the State of New York |
| 7:2020cv09777 |
| November 18, 2020 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Filing 9 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Robert Lewis.(sc) |
| Filing 8 NOTICE OF APPEARANCE by John Joseph Carmody on behalf of The People of the State of New York..(Carmody, John) |
| Filing 7 AFFIDAVIT of John Joseph Carmody in Opposition re: #1 Petition for Writ of Habeas Corpus. Document filed by The People of the State of New York..(Carmody, John) |
| Filing 6 NOTICE OF APPEARANCE by Matthew B. Keller on behalf of The People of the State of New York..(Keller, Matthew) |
Filing 5
HABEAS PACKAGE MAILED to Robert Lewis 08-A-3154 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562, on 11/25/2020 Re: #3 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. (aan)
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| Mailed a copy of #1 Petition for Writ of Habeas Corpus, #3 Order to Answer, to Attorney General of the State of New York at: 28 Liberty Street, New York, NY, 10005 by Certified Mail # 70191120000088948116; and on the District Attorney of Westchester County at: 111 Dr. Martin Luther King Jr. Boulevard, White Plains, NY 10601 by Certified Mail # 70191120000088948123. (aan) |
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Filing 4
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Petitioner, proceeding pro se, brings this petition for a writ of habeas corpus. To proceed with a petition for a writ of habeas corpus in this Court, a petitioner must either pay the $5.00 filing fee or, to request authorization to proceed in forma pauper is (IFP), that is, without prepayment of fees, submit a signed IFP application. See 28 U.S.C. 1914, 1915. Petitioner submitted the petition without the filing fee or an IFP application. By December 15, 2020, Petitioner must either pay the $5.00 filing fee or complete and submit the attached IFP application. If Petitioner submits the IFP application, it should be labeled with docket number 20-CV-9777 (VB). If the Court grants the IFP application, Petitioner will be permitted to proceed without prepayment of fees. See 28 U.S.C. 1915(a)(1). The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. If Petitioner complies with this order, the case shall be processed. in accordance with the procedures of the Clerk's Office. If Petitioner fails to comply with this order within the time allowed, the action will be dismissed. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/24/2020) (mml) Transmission to Docket Assistant Clerk for processing.
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Filing 3
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 certified 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. Boulevard, White Plains, New York 10601. On or before December 15, 2020, respondent shall file and serve (1) an answer to the petition and (2) shall specifically address whether petitioner has fully exhausted any state-court remedies before filing this petition. See 28 U.S.C. 2254(b)(1)(A). Petitioner may file and serve reply papers, if any, within three weeks from the date he is served with respondent's answer. (Signed by Judge Vincent L. Briccetti on 11/24/2020) (mml) Transmission to Pro Se Assistants for processing.
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| Mailed a copy of #4 Order, to Robert Lewis, DIN 08-A-3154 at Sing Sing Correctional Facility, 354 Hunter Street, Ossining, NY 10562. (dsh) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case..(bcu) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (bcu) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Robert Lewis..(rdz) |
| Case Designated ECF. (rdz) |
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| Petitioner: Robert Lewis | |
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| Respondent: The People of the State of New York | |
| Represented By: | Matthew B. Keller |
| Represented By: | John Joseph Carmody |
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