Hanniford v. Howard
| Dean Hanniford |
| David Howard |
| 7:2024cv05928 |
| August 5, 2024 |
| U.S. District Court for the Southern District of New York |
| Victoria Reznik |
| Cathy Seibel |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| MAILING RECEIPT: Document No: 12. Mailed to: Dean Hanniford 21-A-1943 Woodbourne Correctional Facility P.O. Box 1000 Woodbourne, NY 12788. |
Filing 12
ORDER granting #11 Letter Motion for Extension of Time. Respondent's request is GRANTED. The deadline to file their response is now November 25, 2024. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 9/20/2024) (ks)
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| Set/Reset Deadlines: David Howard answer due 11/25/2024. (ks) |
| Filing 11 LETTER MOTION for Extension of Time addressed to Magistrate Judge Victoria Reznik from Anna K. Diehn dated September 19, 2024. Document filed by David Howard..(Diehn, Anna) |
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Filing 10
HABEAS PACKAGE MAILED to Dean Hanniford 21-A-1943 Woodbourne Correctional Facility P.O. Box 1000 Woodbourne, NY 12788, at, on 9/4/2024 Re: #8 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. (nb)
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| MAILING RECEIPT: Document No: 9. Mailed to: Dean Hanniford 21-A-1943 Woodbourne Correctional Facility P.O. Box 1000 Woodbourne, NY 12788. (nb) |
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Filing 9
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 Victoria Reznik. (Signed by Judge Cathy Seibel on 8/30/2024) (mml)
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| MAILING RECEIPT: Document No: 8. Mailed to: Dean Hanniford 21-A-1943 Woodbourne Correctional Facility P.O. Box 1000 Woodbourne, NY 12788. (vba) |
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Filing 8
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 a copy of the petition on the Attorney General of the State of New York and on the District Attorney of the County of Dutchess by electronic means through the use of the court's CM/ECF system. Within 60 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 30 days from the date he is served with Respondent's answer, motion, or other response. SO ORDERED. David Howard answer due on 10/28/2024. (Signed by Judge Cathy Seibel on 8/28/2024) (mml) Transmission to Pro Se Assistants for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Unassigned is no longer assigned to the case. (laq) |
| Magistrate Judge Victoria Reznik is designated to handle matters that may be referred in this case. 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) |
| MAILING RECEIPT: Document No: 6. Mailed to: Dean Hanniford 21-A-1943 Woodbourne Correctional Facility P.O. Box 1000 Woodbourne, NY 12788. (nb) |
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Filing 6
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 8/12/2024) (vn)
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| Motions terminated: #2 MOTION for Leave to Proceed in forma pauperis filed by Dean Hanniford. (Signed by Judge Laura Taylor Swain on 8/12/2024) (vn) |
| MAILING RECEIPT: Document No: 5. Mailed to: Dean Hanniford 21-A-1943 Woodbourne Correctional Facility P.O. Box 1000 Woodbourne, NY 12788. (nb) |
| CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see #Rule 9.2 of the courts ECF Rules & Instructions for further information..(tro) |
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Filing 5
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may #consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for #permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (tro)
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| Filing 4 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:24-cv-05096. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (tro) |
| Case Designated ECF. (tro) |
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Filing 3
TRANSFER ORDER: The Clerk of Court is directed to transfer this case to the United States District Court for the Southern District of New York. 28 U.S.C. 1406(a) (district court may transfer case filed in the wrong district to any district in which it could have been brought). That provision of Rule 83.1 of the Local Rules of the Eastern District of New York which requires a seven-day delay is waived. The Clerk of Court is respectfully directed to close this case and to mail a copy of this Order to Petitioner, noting the mailing on the docket. Ordered by Judge Ramon E. Reyes, Jr on 7/30/2024. (ENE) [Transferred from New York Eastern on 8/5/2024.]
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Dean Hanniford. (SDM) [Transferred from New York Eastern on 8/5/2024.] |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Dean Hanniford. (Attachments: #1 Civil Cover Sheet) (SDM) [Transferred from New York Eastern on 8/5/2024.] |
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| Plaintiff: Dean Hanniford | |
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| Defendant: David Howard | |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Represented By: | Anna Katharina Diehn |
| Represented By: | DUTCHESS COUNTY DISTRICT ATTORNEYS OFFICE - GENERI |
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