Murray v. Noeth
Petitioner: John Murray
Respondent: Joseph Noeth
Case Number: 7:2021cv05343
Filed: June 15, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Kenneth M Karas
Referring Judge: Judith C McCarthy
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 13, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 2, 2021 Opinion or Order 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 Kenneth M. Karas on 8/2/2021) (va)
July 30, 2021 Opinion or Order Filing 7 HABEAS PACKAGE MAILED to John Murray DIN: 14A4397 Attica Correctional Facility 639 Exchange St. Attica, NY 14011-0149, at, on 7/30/2021 Re: #6 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 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)
July 29, 2021 Opinion or Order Filing 6 ORDER TO ANSWER Order to Answer and Petition for Writ of Habeas Corpus #2 Having determined that this petition under 28 U.S.C. 2254 should not be summarily denied, 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 District Attorney of Westchester County by electronic means through the use of the Court's CM/ECF system. Within 60 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 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. Joseph Noeth answer due on 9/27/2021. (Signed by Judge Kenneth M. Karas on 7/29/2021) (cf)
July 20, 2021 Opinion or Order 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. (wb)
July 20, 2021 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Unassigned is no longer assigned to the case..(wb)
July 12, 2021 Opinion or Order Filing 4 LETTER from J. Murray, dated 6/8/21 re: These are the exhibits(as indicated attached) in support of my habeas corpus petition filed in this Court dated 5/27/21. The five dollar filing fee is placed in a separate envelope which should have arrived before this package etc. Document filed by John Murray.(sc)
July 7, 2021 Opinion or Order Pro Se Payment of Fee Processed: $5.00 Check processed by the Finance Department on 07/07/2021, Receipt Number 465401282268. (bwi)
June 23, 2021 Opinion or Order Filing 3 NOTICE OF APPEARANCE by John Joseph Carmody on behalf of Joseph Noeth..(Carmody, John)
June 15, 2021 Opinion or Order Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: Westchester. Document filed by John Murray. (Attachments: #1 Supreme Court Supplemental Brief, #2 Supreme Court Affirmation in Opposition, #3 Exhibit Supreme Court Supplemental Brief for Respondent) (sac)
June 15, 2021 Opinion or Order Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by John Murray. (sac)
June 15, 2021 Opinion or Order Case Designated ECF. (sac)

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Respondent: Joseph Noeth
Represented By: NEW YORK COUNTY DISTRICT ATTORNEYS OFFICE-GENERIC
Represented By: WESTCHESTER COUNTY DISTRICT ATTORNEYS OFFICE - GEN
Represented By: John Joseph Carmody
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Petitioner: John Murray
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