Cottell v. Reardon
| Adam Cottell |
| Patrick Reardon |
| 7:2022cv01178 |
| February 11, 2022 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Paul E Davison |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 10
HABEAS PACKAGE MAILED to Adam Cottell 17-A-2922 Marcy Correctional Facility P.O. Box 3600 Marcy, NY 13403, at, on 2/14/2022 Re: #9 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)
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Filing 9
ORDER TO ANSWER, 28 U.S.C. 2254: Having determined that this petition under 28 U.S.C. 2254 should not be summarily dismissed, 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 Dutchess County by electronic means through the use of the court's CM/ECF system. By April 15, 2022, 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 Section 2254 Cases in the United States District Courts. Specifically, respondent's answer, motion, or other response shall address whether the petition is untimely. Petitioner may file and serve any reply papers within thirty days from the date petitioner is served with respondent's answer. SO ORDERED. Patrick Reardon answer due on 4/15/2022. (Signed by Judge Vincent L. Briccetti on 2/14/2022) (mml) Transmission to Pro Se Assistants for processing.
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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 Paul E. Davison. (Signed by Judge Vincent L. Briccetti on 2/14/2022) Copies Mailed By Chambers. (mml)
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| Magistrate Judge Paul E. Davison is so redesignated. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (aea) |
| Filing 6 CASE TRANSFERRED IN from the United States District Court - District of New York Northern; Case Number: 9:22-cv-00075. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
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Filing 5
DECISION AND ORDER: ORDERED that 1. This action is transferred to the United States District Court for the Southern District of New York; 2. The Clerk is directed to electronically transfer this action to the Clerk of theSouthern District of New York. The Court hereby waives the fourteen (14) day waiting period provided for in Local Rule 3.7. Signed by Judge David N. Hurd on February 10, 2022. {order served via regular mail on petitioner}(nas, ) [Transferred from New York Northern on 2/11/2022.]
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Filing 4
TEXT ORDER REOPENING CASE: This action was administratively closed due to petitioner's failure to comply with the filing fee requirements, and petitioner was directed to respond to the Order if s/he wished to pursue this action. Petitioner has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by Judge David N. Hurd on February 8, 2022. {text order served via regular mail on petitioner}(nas) [Transferred from New York Northern on 2/11/2022.]
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| Filing fee: $ 5.00, receipt number SYR060419 (nas, ) [Transferred from New York Northern on 2/11/2022.] |
| Filing 3 Letter from Cottell stating he has mailed out the filing fee. (Attachments: #1 envelope)(nas, ) [Transferred from New York Northern on 2/11/2022.] |
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Filing 2
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that if petitioner wants to pursue this action, he must so notify the Court WITHIN THIRTY (30) DAYS of the filing date of this Order and either: (1) pay the court's filing fee of five dollars ($5.00); or (2) submit a completed and signed IFP Application that has been certified by an appropriate prison official at his facility. Signed by Judge David N. Hurd on January 27, 2022. {order and blank ifp form served via regular mail on petitioner}(nas) [Transferred from New York Northern on 2/11/2022.]
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| Filing 1 PETITION for Writ of Habeas Corpus filed by Adam Cottell. (Attachments: #1 cover letter, #2 envelope)(nas, ) [Transferred from New York Northern on 2/11/2022.] |
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| Petitioner: Adam Cottell | |
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| Respondent: Patrick Reardon | |
| Represented By: | DUTCHESS COUNTY DISTRICT ATTORNEYS OFFICE - GENERI |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
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