Wilkinson v. Collado
| Keith Wilkinson |
| Jaifa Collado |
| 7:2022cv01702 |
| February 28, 2022 |
| US District Court for the Southern District of New York |
| Judith C McCarthy |
| Cathy Seibel |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| Filing 16 LETTER from K. Wilkinson, dated 3/2/22 re: My reason for writing is to let the judge overseeing my motion for Pro Bono/Assignment of Counsel know that in the DA's Opposition, he fails to mention or address that the Court has restricted me from having my transcripts etc. Document filed by Keith Wilkinson.(sc) |
| Filing 15 AFFIRMATION of Shea Scanlon Lomma in Opposition re: #12 APPLICATION to Appoint Counsel pursuant to 18 U.S.C. 3006(A)(g) (Habeas Corpus Petition).. Document filed by Jaifa Collado..(Scanlon, Shea) |
Filing 14
MEMO ENDORSED ORDER with respect to #12 Application to Appoint Counsel pursuant to 18 U.S.C. 3006(A)(g)(Habeas Corpus Petition). ENDORSEMENT: Respondent is directed to respond to this application by April 1, 2022. The Clerk is respectfully requested to mail a copy of this Order to the pro se Petitioner. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 3/24/2022) (vfr) Transmission to Docket Assistant Clerk for processing.
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| Set/Reset Deadlines: Responses due by 4/1/2022 (vfr) |
| Mailed a copy of #14 Order on Application to Appoint Counsel (Habeas Corpus Case) to Keith Wilkinson, DIN: 11A1608 at Shawgunk Correctional Facility, P.O. Box 700, Wallkill, NY 12589. (kh) |
| Filing 13 MEMORANDUM OF LAW IN SUPPORT OF PETITIONER'S MOTION FOR THE APPOINTMENT OF COUNSEL, re: #12 APPLICATION to Appoint Counsel pursuant to 18 U.S.C. 3006(A)(g) (Habeas Corpus Petition). Document filed by Keith Wilkinson. (sc) |
| Filing 12 APPLICATION FOR THE COURT TO APPOINT PRO BONO COUNSEL, re: to Appoint Counsel pursuant to 18 U.S.C. 3006(A)(g) (Habeas Corpus Petition). Document filed by Keith Wilkinson.(sc) |
| Mailed a copy of #11 Order on Motion to Dismiss to Keith Wilkinson, DIN: 11A1608 at Shawgunk Correctional Facility, P.O. Box 700, Wallkill, NY 12589. (kh) |
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Filing 11
MEMO ENDORSEMENT denying #10 Motion to Dismiss. ENDORSEMENT: The Court denies Respondent's motion to dismiss and motion for a more definite statement pursuant to Federal Rule of Civil Procedure 12(b) and (e). (Docket No. 10 at 1-2). Respondent complains that the Petition for habeas relief "set[s] forth no claims" because it attaches Petitioner's state court briefs and "does not indicate to which of the five briefs or numerous claims asserted among them he is referring." (Id. at 2). However, a pro se petitioner's habeas claims must be construed liberally. See Thompson v. Choinski, 525 F.3d 205, 209 (2d Cir. 2008). Moreover, "[t]echnical pleading errors by pro se habeas petitioners must be forgiven where... no prejudice results." Irizarry v. Ercole, No. 08-CV-5884 (KMK)(PED), 2009 WL 3151358, at *2 (S.D.N.Y. Sept. 30, 2009); see, e.g., Grant v. Berbary, No. 99 Civ. 12017 (LAK)(THK), 2002 WL 33985139, at *2 (S.D.N.Y. Jan. 22, 2002) (construing petition to raise "the same three issues that were raised in the Appellate Division" where petition form referred to attached exhibits and briefs rather than stating the grounds on which petitioner sought relief). Although the form petition does not list any specific grounds for relief, it expressly references numerous attachments, including Petitioner's state court papers, which clearly assert at least six claims. (E.g., Docket No. 2 at 2, 3, 5, 7, 8, 10, 23). Thus, the authority Respondent cites noting that habeas petitions may sometimes be dismissed as "indecipherable," is inapposite. (See Docket No. 10 at 2) (citing Garcia v. Superintendent of Great Meadow Corr. Facility, 841 F.3d 581 (2d Cir. 2016)). Moreover, Respondent has not articulated any prejudice that will result from consideration of Petitioner's arguments before the state courts. Accordingly, Respondent's request is denied. The Clerk is respectfully requested to mail a copy of this Order to the pro se Petitioner and close the pending motion (Docket No. 10). If Petitioner does not have access to cases cited herein that are available only by electronic database, then he may request copies from Respondent's counsel. See Local Civ. R. 7.2 ("Upon request, counsel shall provide the pro se litigant with copies of such unpublished cases and other authorities as are cited in a decision of the Court and were not previously cited by any party."). SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 3/8/2022) (vfr) Transmission to Docket Assistant Clerk for processing.
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| Filing 10 FIRST MOTION to Dismiss FOR FAILURE TO STATE A CLAIM. Document filed by Jaifa Collado..(Scanlon, Shea) |
| Filing 9 NOTICE OF APPEARANCE by Shea Catherine Scanlon on behalf of Jaifa Collado..(Scanlon, Shea) |
| Filing 8 NOTICE OF APPEARANCE by John Joseph Carmody on behalf of Jaifa Collado..(Carmody, John) |
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Filing 7
HABEAS PACKAGE MAILED to Keith Wilkinson DIN: 11A1608 Shawgunk Correctional Facility P.O. Box 700 Wallkill, NY 12589, at, on 3/4/2022 Re: #5 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, Order granting IFP application, 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 6
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. (Signed by Judge Cathy Seibel on 3/4/2022) (vfr)
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Filing 5
ORDER TO ANSWER, 28 U.S.C. 2254: 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 sixty 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 Section 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. SO ORDERED. Jaifa Collado answer due on 5/2/2022. (Signed by Judge Cathy Seibel on 3/3/2022) (vfr) Transmission to Pro Se Assistants for processing.
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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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (bcu) |
| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Unassigned is no longer assigned to the case..(bcu) |
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Filing 3
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 3/2/2022) (vn) Transmission to Docket Assistant Clerk for processing.
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| Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: Westchester. Document filed by Keith Wilkinson. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Keith Wilkinson. (sac) |
| Case Designated ECF. (sac) |
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| Petitioner: Keith Wilkinson | |
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| Respondent: Jaifa Collado | |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Represented By: | WESTCHESTER COUNTY DISTRICT ATTORNEYS OFFICE - GEN |
| Represented By: | John Joseph Carmody |
| Represented By: | Shea Catherine Scanlon |
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