Scott v. Capra
Petitioner: Damon Scott
Respondent: Michael Capra
Case Number: 7:2023cv03923
Filed: May 10, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Kenneth M Karas
Referring Judge: Andrew E Krause
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 7, 2023 Mailed a copy of 10 Order on Motion to Stay to Damon Scott, 18-A-4734 at Sing Sing Correctional Facility, 354 Hunter Street, Ossining, NY 10562. (kh)
July 6, 2023 Filing 12 AFFIDAVIT of Shea Scanlon Lomma in Support re: #9 MOTION to Stay.. Document filed by Michael Capra..(Scanlon, Shea)
July 6, 2023 Filing 11 NOTICE OF APPEARANCE by Shea Catherine Scanlon on behalf of Michael Capra..(Scanlon, Shea)
July 6, 2023 Opinion or Order Filing 10 ORDER with respect to #9 Motion to Stay re: #9 MOTION to Stay. Respondent is to serve and file a response to Petitioner's motion for a stay by no later than July 20, 2023. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (kj)
June 28, 2023 Filing 9 MOTION REQUESTING STAY OF PROCEEDINGS. Document filed by Damon Scott.(sc)
June 6, 2023 Filing 8 NOTICE OF APPEARANCE by John Joseph Carmody on behalf of Michael Capra..(Carmody, John)
May 26, 2023 Mailed a copy of #7 Order Referring Case to Magistrate Judge to Damon Scott, 18-A-4734 at Sing Sing Correctional Facility, 354 Hunter Street, Ossining, NY 10562. (kh)
May 25, 2023 Opinion or Order Filing 7 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 Andrew E. Krause. (Signed by Judge Kenneth M. Karas on 5/25/2023) (tro)
May 24, 2023 Opinion or Order Filing 6 INFORMATION PACKAGE MAILED to Damon Scott 18-A-4734 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562 on 05/24/2023 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, 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)
May 24, 2023 Opinion or Order Filing 5 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 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. (Signed by Judge Kenneth M. Karas on 5/24/2023) (ama)
May 16, 2023 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. (laq)
May 16, 2023 NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Unassigned is no longer assigned to the case. (laq)
May 12, 2023 MAILING RECEIPT: Document No: 3. Mailed to: Damon Scott 18-A-4734 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (kh)
May 11, 2023 Opinion or Order 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 5/11/2023) (vn)
May 10, 2023 Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Damon Scott..(rdz)
May 10, 2023 Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: Westchester. Document filed by Damon Scott..(rdz)
May 10, 2023 Case Designated ECF. (rdz)

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Petitioner: Damon Scott
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Respondent: Michael Capra
Represented By: Shea Catherine Scanlon
Represented By: John Joseph Carmody
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