Parker v. United States of America
| Darren Parker |
| United States of America |
| 7:2021cv09558 |
| November 17, 2021 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 fd |
| None |
Docket Report
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Filing 9
MEMO ENDORSEMENT on re: #8 NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE filed by Darren Parker. ENDORSEMENT: Application for an order of reference to the assigned Magistrate Judge denied without prejudice. An order of reference cannot issue absent the signed consent of all parties. The Clerk of Court is requested to mail a copy of this Order to Mr. Parker. So Ordered. (Signed by Judge Philip M. Halpern on 12/27/2021) (js) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #9 Memo Endorsement to Darren Parker, 259836 at Westchester County Jail, P.O. Box 10, Valhalla, NY 10595. (kh)
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Filing 8
NOTICE, CONSENT, & REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE. Document filed by Darren Parker. (sc)
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Filing 7
INFORMATION PACKAGE MAILED to Darren Parker, 259836, at Westchester County Jail, P.O. Box 10, Valhalla, NY 10595, on 12/9/2021 Re: #6 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. (sha)
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Filing 6
ORDER TO ANSWER, 28 U.S.C. 2255: The Court, having concluded that the motion brought under 28 U.S.C. 2255 should not be summarily dismissed as being without merit, hereby ORDERS that: The Clerk of Court shall electronically notify the Criminal Division of the U.S. Attorney's Office for the Southern District of New York that this order has been issued. Within sixty days of the date of this order, the U.S. Attorney's Office shall file an answer or other pleadings in response to the motion. Movant shall have thirty days from the date on which Movant is served with Respondents answer to file a response. Absent further order, the motion will be considered fully submitted as of that date. All further papers filed or submitted for filing must include the criminal docket number and will be docketed in the criminal case. SO ORDERED. (Signed by Judge Philip M. Halpern on 12/9/2021) (jca) Transmission to Pro Se Assistants for processing.
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Filing 5
LETTER from Darren Parker, dated 12/1/21 re: "ORDER" - Movant Darren Parker is in agreement with the Court treating the application as a Motion under 28:2255, and not as a Notice of Appeal. Document filed by Darren Parker.(sc)
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Filing 4
ORDER: The Court directs Mr. Parker, within 60 days, to notify the Court whether he intends his application to be a notice of appeal of his judgment of conviction or whether he wishes to withdraw his application. If Mr. Parker does not inform the Court of his intent within 60 days, the Court will treat the application as a motion under 28 U.S.C. 2255. No answer shall be required at this time. Because Mr. Parker has not at this time made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this order to Mr. Parker and note service on the docket. SO ORDERED. (Signed by Judge Philip M. Halpern on 11/23/2021) (jca) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #4 Order to Darren Parker, 259836 at Westchester County Jail, P.O. Box 10, Valhalla, NY 10595. (kh)
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Filing 2
MEMORANDUM OF LAW. Document filed by Darren Parker. (ok)
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Filing 1
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Darren Parker. (sac)
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Case Designated ECF. (sac)
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CASE ACCEPTED AS RELATED. Create association to 7:20-cr-00224-PMH. (sac)
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Magistrate Judge Sarah L. Cave 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. (sac)
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| Petitioner: Darren Parker | |
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| Respondent: United States of America | |
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