Morrison v. Capra
| Omarrio Morrison |
| Michael Capra, NEW YORK STATE ATTORNEY GENERAL OFFICE-GENERIC and Orange County District Attorney Office |
| 7:2023cv02598 |
| March 27, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Vincent L Briccetti |
| Andrew E Krause |
| Laura Taylor Swain |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 5, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| MAILING RECEIPT: Document No: 11. Mailed to: Omarrio Morrison DIN:18A3440 354 Hunter Street Ossining, NY 10562. (kh) |
Filing 11
ORDER denying without prejudice to renewal by formal motion #9 Motion to Stay re: #9 MOTION to Stay. Accordingly, it is HEREBY ORDERED that: 1. Petitioner's motion requesting a stay of these proceedings is DENIED WITHOUT PREJUDICE. By May 26, 2023, Petitioner may file a new motion to address the issues referenced above. In this submission, Petitioner should describe the unexhausted claims with specificity, and should also explain why he believes the unexhausted claims have merit and how he exercised diligence in raising those claims in New York State courts. 2. Respondent may file a response to the motion to stay the proceedings by June 16, 2023. 3. Respondent's deadline to 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, is STAYED pending resolution of the renewed motion for a stay of the proceedings. 4. The Clerk of Court is respectfully directed to mail a copy of this order to the pro se Petitioner, and to terminate the motion at ECF No. 9. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 5/5/2023) (tg)
|
| Set/Reset Deadlines: Motions due by 5/26/2023. Responses due by 6/16/2023 (tg) |
| Filing 10 NOTICE OF APPEARANCE by Andrew R. Kass on behalf of Michael Capra..(Kass, Andrew) |
| Filing 9 MOTION REQUESTING STAY OF PROCEEDINGS. Document filed by Omarrio Morrison.(sc) |
|
Filing 8
INFORMATION PACKAGE MAILED to Omarrio Morrison DIN: 18A3440 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562 on 04/24/2023 Re: #7 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 flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), 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, (ta)
|
|
Filing 7
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 Orange 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. NEW YORK STATE ATTORNEY GENERAL OFFICE-GENERIC answer due on 6/20/2023; Orange County District Attorney Office answer due on 6/20/2023. (Signed by Senior District Judge Vincent L. Briccetti on 4/20/2023) (kv) Transmission to Pro Se Assistants for processing.
|
|
Filing 6
ORDER. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Habeas Corpus. Referred to Magistrate Judge Andrew E. Krause. (Signed by Senior District Judge Vincent L. Briccetti on 4/20/2023) Copies Mailed By Chambers. (kv)
|
| Magistrate Judge Andrew E. Krause 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. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Laura Taylor Swain is no longer assigned to the case..(aea) |
| MAILING RECEIPT: Document No: 4. Mailed to: Omarrio Morrison DIN:18A3440 354 Hunter Street Ossining, NY 10562. (kh) |
|
Filing 4
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 4/17/2023) (vn)
|
| Filing 3 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Omarrio Morrison.(sc) |
| MAILING RECEIPT: Document No: 2. Mailed to: Omarrio Morrison DIN:18A3440 354 Hunter Street Ossining, NY 10562. (ok) |
|
Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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). Filing Fee due by 4/27/2023. In Forma Pauperis (IFP) Application due by 4/27/2023. (Signed by Judge Laura Taylor Swain on 3/28/2023) (sha)
|
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sgz) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: Orange. Document filed by Omarrio Morrison. (sac) |
| Case Designated ECF. (sac) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
