Richardson v. Underwood et al
New York Southern District Court | |
Judge: | Valerie E Caproni |
Referred: | Ona T Wang |
Case #: | 1:18-cv-07694 |
Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
Cause | 28:1651hc Petition for Writ of Habeas Corpus |
Case Filed: | Aug 23, 2018 |
Terminated: | Mar 22, 2023 |
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Docket last updated: 04/23/2025 11:59 PM EDT |
Wednesday, June 05, 2024 | ||
appeal
Transmission of USCA Mandate/Order to District Judge
Wed 06/05 8:53 AM
Transmission of USCA Mandate/Order to the District Judge re:39 USCA Mandate.(km) |
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Tuesday, June 04, 2024 | ||
39 | 39
![]() MANDATE of USCA (Certified Copy) as to35 Notice of Appeal filed by Mark Richardson USCA Case Number 23-595-pr. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 6/4/2024.(km) |
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Wednesday, September 13, 2023 | ||
38 | 38
![]() ORDER of USCA (Certified Copy) as to35 Notice of Appeal filed by Mark Richardson. USCA Case Number 23-595.. Appellant moves to expand the certificate of appealability to include his claim under Michigan v. Mosley, 423 U.S. 96 (1975). Upon due consideration, it is hereby ORDERED that the motion is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit..(nd) |
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Wednesday, April 26, 2023 | ||
37 | 37
![]() ORDER denying without prejudice36 Letter Motion to Reopen re:36 FIRST LETTER MOTION to Reopen re:33 Clerk's Judgment addressed to Judge Valerie E. Caproni from Denise Fabiano on behalf of petitioner Mark Richardson dated 04/25/2023. Application DENIED without prejudice. Final judgment in this case was entered on March 22, 2023, see Dkt. 33, and Petitioner filed a notice of appeal on April 14, 2023, see Dkt. 35. Petitioner's letter is functionally a motion for reconsideration. See Fed. R. Civ. P. 60(b); S.D.N.Y. Rule 6.3. Docketing of a notice of appeal "ousts the district court of jurisdiction except insofar as it is reserved to it explicitly by statute or rule." Toliver v. Cty. of Sullivan, 957 F.2d 47, 49 (2d Cir. 1992) (internal quotation marks and citation omitted). The Court may only grant a motion for reconsideration after appeal is taken "if the moving party obtains permission from the circuit court." Id. Petitioner must file any renewed motion for consideration with consent from the Second Circuit and in compliance with Federal Rule of Civil Procedure 60(b) and S.D.N.Y. Rule 6.3. SO ORDERED.. (Signed by Judge Valerie E. Caproni on 4/26/2023) (jca) |
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36 | 36
![]() FIRST LETTER MOTION to Reopen re:33 Clerk's Judgment,,,,, addressed to Judge Valerie E. Caproni from Denise Fabiano on behalf of petitioner Mark Richardson dated 04/25/2023. Document filed by Mark Richardson..(Fabiano, Denise) |
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Friday, April 14, 2023 | ||
35 | 35
![]() FIRST NOTICE OF APPEAL from32 Memorandum & Opinion,,,,. Document filed by Mark Richardson. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Fabiano, Denise) |
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34 | 34
![]() FILING ERROR - NO ORDER/JUDGMENT SELECTED FOR APPEAL - FIRST NOTICE OF APPEAL. Document filed by Mark Richardson. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Fabiano, Denise) Modified on 4/14/2023 (nd) |
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misc
Notice to Attorney Regarding Deficient Appeal
Fri 04/14 11:55 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Denise Fabiano to RE-FILE Document No. 34 Notice of Appeal,.. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected;. Re-file the appeal using the event type Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (nd) |
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appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Fri 04/14 12:06 PM
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:35 Notice of Appeal..(nd) |
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appeal
Appeal Record Sent to USCA - Electronic File
Fri 04/14 12:07 PM
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for35 Notice of Appeal filed by Mark Richardson were transmitted to the U.S. Court of Appeals..(nd) |
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Wednesday, March 22, 2023 | ||
33 | 33
![]() CLERK'S JUDGMENT re:32 Memorandum & Opinion in favor of Michael Capra, Superintendent, Sing Sing Correctional Facility against Mark Richardson. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated March 22, 2023, the R&R is rejected and Petitioner's request for habeas relief is DENIED. Because reasonable jurists may find it "debatable" whether Petitioner states a valid claim, Miller-El v. Cockrell, 537 U.S. 322, 336 (2003), the Court issues a certificate of appealability as to whether the state courts clearly erred by applying Chapple and its progeny rather than Seibert when deciding Petitioner's suppression motion. Petitioner is granted in forma pauperis status for the purposes of any appeal. See Coppedge v. United States, 369 U.S. 438, 445 (1962) (concluding that an appeal may be taken in forma pauperis if made in "good faith"); Laboriel v. Lee, No. 18-CV-3616 (RA), 2021 WL 76170, at *6 (S.D.N.Y. Jan. 7, 2021) (issuing a certificate of appealability and granting in forma pauperis status); accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/22/2023) (km) |
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Att: 1
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32 | 32
![]() OPINION AND ORDER: For the foregoing reasons, the Court rejects the R&R and DENIES Petitioner's request for habeas relief. Because reasonable jurists may find it "debatable" whether Petitioner states a valid claim, Miller-El v. Cockrell, 537 U.S. 322, 336 (2003), the Court issues a certificate of appealability as to whether the state courts clearly erred by applying Chapple and its progeny rather than Seibert when deciding Petitioner's suppression motion. Petitioner is granted in forma pauperis status for the purposes of any appeal. See Coppedge v. United States, 369 U.S. 438, 445 (1962) (concluding that an appeal may be taken in forma pauperis if made in "good faith"); Laboriel v. Lee, No. 18-CV-3616 (RA), 2021 WL 76170, at *6 (S.D.N.Y. Jan. 7, 2021) (issuing a certificate of appealability and granting in forma pauperis status). The Clerk of Court is respectfully directed to close the case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/22/2023) (tg) |
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Monday, February 27, 2023 | ||
31 | 31
![]() REPLY MEMORANDUM OF LAW re:28 Objection to Report and Recommendations,27 Report and Recommendations,,,,,,, . Document filed by Mark Richardson..(Fabiano, Denise) |
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Tuesday, February 14, 2023 | ||
30 | 30
![]() ORDER: granting29 Letter Motion for Extension of Time to File Response/Reply re29 FIRST LETTER MOTION for Extension of Time to File Response/Reply to Respondent's Objections to Magistrate's Report & Recommendation. addressed to Judge Valerie E. Caproni from Denise Fabiano dated 02/14/2023. GRANTED. SO ORDERED. Responses due by 3/6/2023. (Signed by Judge Valerie E. Caproni on 2/14/2023) (ama) |
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29 | 29
![]() FIRST LETTER MOTION for Extension of Time to File Response/Reply to Respondent's Objections to Magistrate's Report & Recommendation addressed to Judge Valerie E. Caproni from Denise Fabiano dated 02/14/2023. Document filed by Mark Richardson..(Fabiano, Denise) |
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Monday, February 06, 2023 | ||
28 | 28
![]() OBJECTION to27 Report and Recommendations Document filed by Michael Capra, Superintendent, Sing Sing Correctional Facility..(Kress, Stephen) |
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Monday, January 23, 2023 | ||
27 | 27
![]() REPORT & RECOMMENDATION TO THE HONORABLE VALERIE E. CAPRONI re:1 Petition for Writ of Habeas Corpus filed by Mark Richardson. For the foregoing reasons, I respectfully recommend that Petitioners Petition for a Writ of Habeas Corpus be GRANTED and that Respondent be directed to release Petitioner from custody unless the People of the State of New York decide to re-try him within the next ninety (90) days. A petitioner may appeal the denial of a § 2254 application only if the district court or the court of appeals issues a certificate of appealability ("COA"). 28 U.S.C. § 2253(c). To obtain a COA, a petitioner must "show that reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further." Miller-El v. Cockrell, 537 U.S. 322, 336 (2003) (quotation marks, alterations, and citation omitted). Given that this Court recommends that the Petition be granted, there is no need to issue a Certificate of Appealability for purposes of appeal. If, however, the District Court does not adopt this Report and Recommendation and denies the Petition, I would further recommend that, because reasonable jurists could debate whether the petition should be resolved in a different manner, a certificate of appealability issue on the question of if the Appellate Divisions decision denying Petitioners Fifth Amendment claim was contrary to the clearly established law in Missouri v. Seibert, 542 U.S. 600 (2004), or, in the alternative, an unreasonable application of the clearly established law in Oregon v. Elstad, 470 U.S. 298 (1985). See 28 U.S.C. § 2254(d). The Clerk of Court is respectfully directed to mail a copy of this Report and Recommendation to Petitioner. Objections to R&R due by 2/6/2023 (Signed by Magistrate Judge Ona T. Wang on 1/23/2023) (jca) |
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misc
Transmission to Docket Assistant Clerk
Mon 01/23 6:49 PM
Transmission to Docket Assistant Clerk. Transmitted re:27 Report and Recommendation to the Docket Assistant Clerk for case processing. (jca) |
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Thursday, January 12, 2023 | ||
26 | 26
![]() STATE COURT TRANSCRIPT of proceedings in the Supreme, County of New York, Case Number Indict. No. 3534/2008, held on 9/14/2011 before Judge HONORABLE BRUCE ALLEN..(rro) |
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Att: 1
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Att: 2
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25 | 25
![]() STATE COURT TRANSCRIPT of proceedings in the Supreme, County of New York, Case Number Indict. No. 3534/2008, held on 3/16/2010 before Judge HONORABLE RICHARD D. CARRUTHERS..(rro) |
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Att: 1
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Thursday, June 09, 2022 | ||
24 | 24
![]() LETTER addressed to Magistrate Judge Ona T. Wang re: Unredacted Copy of Petitioner's Statement. Document filed by Michael Capra, Superintendent, Sing Sing Correctional Facility..(Kress, Stephen) |
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Thursday, April 28, 2022 | ||
23 | 23
![]() NOTICE OF APPEARANCE by Stephen Joseph Kress on behalf of Michael Capra, Superintendent, Sing Sing Correctional Facility..(Kress, Stephen) |
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Tuesday, April 12, 2022 | ||
22 | 22
![]() LETTER addressed to Magistrate Judge Ona T. Wang from David M. Cohn dated April 12, 2022 re: Exhibits. Document filed by Michael Capra, Superintendent, Sing Sing Correctional Facility..(Cohn, David) |
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Friday, April 08, 2022 | ||
21 | 21
![]() ORDER: Respondent is directed to resubmit courtesy copies of the following by April 14, 2022: An unredacted copy of the suppression hearing transcript; A copy of the trial transcript; A recording of Plaintiff's videotaped statement, as redacted for trial; and A recording of Plaintiff's videotaped statement, unredacted. Respondent may submit this material by mailing a compact disc to Chambers. (Signed by Magistrate Judge Ona T. Wang on 4/8/2022) (rro) |
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Thursday, November 21, 2019 | ||
20 | 20
![]() FIRST REPLY MEMORANDUM OF LAW in Support in support of 2254 habeas petition . Document filed by Mark Richardson. (Fabiano, Denise) |
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Friday, October 11, 2019 | ||
19 | 19
![]() ORDER granting18 Letter Motion for Extension of Time to File Response/Reply re18 FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Ona T. Wang from Denise Fabiano dated 10/10/2019. Responses due by 11/29/2019. Application GRANTED. Reply due November 29, 2019. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 10/11/2019) (rro) |
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Thursday, October 10, 2019 | ||
18 | 18
![]() FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Ona T. Wang from Denise Fabiano dated 10/10/2019. Document filed by Mark Richardson.(Fabiano, Denise) |
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Friday, September 27, 2019 | ||
17 | 17
![]() RESPONSE to1 Petition for Writ of Habeas Corpus. Document filed by Michael Capra, Superintendent, Sing Sing Correctional Facility.(Cohn, David) |
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Att: 1
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Att: 2
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Monday, August 26, 2019 | ||
16 | 16
![]() ORDER granting15 Letter Motion for Extension of Time. Application Granted. Respondent's Answer due September 30, 2019. No further extensions. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 8/26/2019) (kv) |
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utility
Set/Reset Deadlines
Mon 08/26 11:17 AM
Set/Reset Deadlines: Michael Capra, Superintendent, Sing Sing Correctional Facility answer due 9/30/2019. (kv) |
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Friday, August 23, 2019 | ||
15 | 15
![]() LETTER MOTION for Extension of Time addressed to Magistrate Judge Ona T. Wang from David M. Cohn dated August 23, 2019. Document filed by Michael Capra, Superintendent, Sing Sing Correctional Facility.(Cohn, David) |
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Tuesday, July 23, 2019 | ||
14 | 14
![]() ORDER granting13 Letter Motion for Extension of Time to Answer re1 Petition for Writ of Habeas Corpus. Application Granted. Respondent's answer due August 29, 2019. SO ORDERED. (Michael Capra, Superintendent, Sing Sing Correctional Facility answer due 8/29/2019.) (Signed by Magistrate Judge Ona T. Wang on 7/23/2019) (rro) |
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Monday, July 22, 2019 | ||
13 | 13
![]() LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Ona T. Wang from David M. Cohn dated July 22, 2019. Document filed by Michael Capra, Superintendent, Sing Sing Correctional Facility.(Cohn, David) |
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Tuesday, May 21, 2019 | ||
12 | 12
![]() ORDER granting11 FIRST LETTER MOTION for Extension of Time to File Answer re:6 Memorandum of Law,1 Petition for Writ of Habeas Corpus addressed to Magistrate Judge Ona T. Wang from David M. Cohn dated May 20, 2019. Document filed by Michael Capr a, Superintendent, Sing Sing Correctional Facility. Application Granted. Respondent shall file answer by July 29, 2019. SO ORDERED. Michael Capra, Superintendent, Sing Sing Correctional Facility answer due 7/29/2019. (Signed by Magistrate Judge Ona T. Wang on 5/21/2019) (rjm) |
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Monday, May 20, 2019 | ||
11 | 11
![]() FIRST LETTER MOTION for Extension of Time to File Answer re:6 Memorandum of Law,1 Petition for Writ of Habeas Corpus addressed to Magistrate Judge Ona T. Wang from David M. Cohn dated May 20, 2019. Document filed by Michael Capra, Superintendent, Sing Sing Correctional Facility.(Cohn, David) |
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Tuesday, April 16, 2019 | ||
10 | 10
![]() NOTICE OF APPEARANCE by David M. Cohn on behalf of Michael Capra, Superintendent, Sing Sing Correctional Facility. (Cohn, David) |
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misc
Received Return Receipt of Order by Certified Mail
Tue 04/16 5:38 PM
Received Return Receipt of1 Petition for Writ of Habeas Corpus,9 Order to Answer, as to Attorney General State of New York, which was served by Certified Mail # 7016 2070 0001 1546 7845, on 4/5/2019. (sac) |
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Thursday, March 28, 2019 | ||
misc
Mail Order by Certified Mail
Thu 03/28 10:56 AM
Mailed a copy of1 Petition for Writ of Habeas Corpus,9 Order to Answer, to Attorney General of the State of New York by certified mail to 28 Liberty St., New York, NY 10005; and on the District Attorney for New York County by certified mail to One Hogan Place, New York, NY 10013 by Certified Mail # 7016 2070 0001 1546 7845; 7016 2070 0001 1546 7852 with Return Receipt Requested. (aea) |
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Wednesday, March 27, 2019 | ||
9 | 9
![]() ORDER: The Court hereby ORDERS that: The Clerk of Court shall serve a copy of this Order and of the petition on the Attorney General of the State of New York by certified mail to 28 Liberty St., New York, NY 10005; and on the District Attorney for New York County by certified mail to One Hogan Place, New York, NY 10013. Within sixty days of the date of this Order, Respondent shall file and serve (1) an answer to the petition and (2) the transcripts and briefs identified in Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. Petitioner may file and serve reply papers, if any, within thirty days from the date he is served with Respondents Answer. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 3/27/2019) (anc) |
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Thursday, September 13, 2018 | ||
8 | 8
![]() ORDER OF REFERENCE TO A 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 Ona T. Wang. So Ordered. (Signed by Judge Valerie E. Caproni on 9/13/2018) (js) |
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7 | 7
![]() ORDER: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. § 1915. So Ordered. (Signed by Judge Valerie E. Caproni on 9/13/2018) (js) |
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6 | 6
![]() MEMORANDUM OF LAW in support of 2254 habeas petition . Document filed by Mark Richardson.(Fabiano, Denise) |
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Att: 1
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Friday, September 07, 2018 | ||
5 | 5
![]() CIVIL COVER SHEET filed. (Fabiano, Denise) |
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misc
Notice to Attorney to Submit/File Civil Cover Sheet
Fri 09/07 12:14 PM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Denise Marie Fabiano. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pne) |
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notice
Case Opening Initial Assignment Notice
Fri 09/07 12:19 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (pne) |
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utility
Case Designation
Fri 09/07 12:19 PM
Magistrate Judge Ona T. Wang 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:[LINK:http://nysd.uscourts.gov/forms.php] . (pne) |
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utility
Case Designated ECF
Fri 09/07 12:19 PM
Case Designated ECF. (pne) |
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Thursday, September 06, 2018 | ||
4 | 4
![]() MOTION for Leave to Proceed Informa Pauperis . Document filed by Mark Richardson.(Fabiano, Denise) |
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Tuesday, September 04, 2018 | ||
misc
Notice to Attorney Regarding Removal of Party
Tue 09/04 2:41 PM
***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Denise Marie Fabiano. The following party/parties has been removed from this case: Barbara D. Underwood. The party was added to the case in error. (pne) |
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misc
Case Opening Fee Due
Tue 09/04 2:41 PM
***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Denise Marie Fabiano. Civil Case Opening Fee of $5 Due: for1 Petition for Writ of Habeas Corpus. The filing fee due was not paid; the caption entered on the Request to Proceed Informa Pauperis (IFP Request) does not match the caption entered on the pleading; Remove Barbara D. Underwood from IFP caption. If the filing fee is not paid within five (5) days, or the IFP Request is not properly re-filed, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 9/10/2018. (pne) |
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Friday, August 31, 2018 | ||
3 | 3
![]() MOTION for Leave to Proceed Informa Pauperis . Document filed by Mark Richardson.(Fabiano, Denise) |
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Thursday, August 30, 2018 | ||
misc
Case Opening Fee Due
Thu 08/30 4:53 PM
***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Denise Marie Fabiano. Civil Case Opening Fee of $5 Due: for1 Petition for Writ of Habeas Corpus. The filing fee due was not paid; the caption entered on the Request to Proceed Informa Pauperis (IFP Request) does not match the caption entered on the pleading. If the filing fee is not paid within five (5) days, or the IFP Request is not properly re-filed, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 9/4/2018. (pne) |
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Monday, August 27, 2018 | ||
2 | 2
![]() MOTION for Leave to Proceed Informa Pauperis . Document filed by Mark Richardson.(Fabiano, Denise) |
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Friday, August 24, 2018 | ||
misc
Case Opening Fee Due
Fri 08/24 4:50 PM
***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Denise Marie Fabiano. Civil Case Opening Fee of $5 Due: for1 Petition for Writ of Habeas Corpus. The filing fee due was not paid; either in whole or in part. If the filing fee is not paid within five (5) days, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 8/29/2018. (pne) |
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Thursday, August 23, 2018 | ||
1 | 1
![]() PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Mark Richardson.(Fabiano, Denise) |