Ramirez v. Superintendent of Five Points Correctional Facility

New York Southern District Court
Judge:	Margaret M Garnett
Referred:	Jennifer E Willis
Case #:	1:20-cv-09147
Nature of Suit	530 Prisoner Petitions - Habeas Corpus - General
Cause	28:2254 Petition for Writ of Habeas Corpus (State)

Case Filed:

Nov 01, 2020

Docket
Parties

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Docket last updated: 12/22/2024 11:59 PM EST

Wednesday, December 11, 2024
37		37 order Memo Endorsement Wed 12/11 3:35 PM MEMO ENDORSEMENT on re:36 Proposed Scheduling Order filed by Superintendent of Five Points Corr. Fac. ENDORSEMENT: The Court clarifies that while it granted Respondent's request for an extension, the response to the petition for a writ of habeas corpus is indeed due February 7, 2025. The Court is aware of the Parties consent to a lengthier extension but declined to adopt the Parties' suggested deadline. SO ORDERED. (Signed by Magistrate Judge Jennifer E. Willis on 12/11/2024) (tg) Related: [-]
36		36 misc Proposed Scheduling Order Wed 12/11 2:24 PM PROPOSED SCHEDULING ORDER. Document filed by Superintendent of Five Points Corr. Fac...(Glasser, Larry) Related: [-]
35		35 order Memo Endorsement ~Util - Set Deadlines Wed 12/11 11:10 AM MEMO ENDORSEMENT on re:34 Proposed Scheduling Order filed by Superintendent of Five Points Corr. Fac.. ENDORSEMENT: This request is GRANTED. The response to the petition for a writ of habeas corpus is due February 7, 2025. SO ORDERED. Superintendent of Five Points Corr. Fac. answer due 2/7/2025. (Signed by Magistrate Judge Jennifer E. Willis on 12/11/2024) (tg) Related: [-]
Monday, December 09, 2024
34		34 misc Proposed Scheduling Order Mon 12/09 11:53 AM PROPOSED SCHEDULING ORDER. Document filed by Superintendent of Five Points Corr. Fac...(Glasser, Larry) Related: [-]
33		33 notice Notice of Appearance Mon 12/09 11:41 AM NOTICE OF APPEARANCE by Larry Glasser on behalf of Superintendent of Five Points Corr. Fac...(Glasser, Larry) Related: [-]
Sunday, November 03, 2024
32		32 30+ pgs respoth Memorandum of Law in Support (non-motion) Sun 11/03 3:52 PM MEMORANDUM OF LAW in Support re:31 Amended Petition, . Document filed by Jeffrey Ramirez..(Bonus, Justin) Related: [-]
31		31 cmp Amended Petition Sun 11/03 3:50 PM FIRST AMENDED PETITION amending1 Petition for Writ of Habeas Corpus 2254 County of Conviction: Bronx against Superintendent of Five Points Corr. Fac..Document filed by Jeffrey Ramirez. Related document:1 Petition for Writ of Habeas Corpus..(Bonus, Justin) Related: [-]
		Att: 1 Exhibit Exhibit A to Amended Petition
Tuesday, September 03, 2024
30		30 order Memo Endorsement ~Util - Set Deadlines ~Util - Case Stay Lifted Tue 09/03 2:01 PM MEMO ENDORSEMENT on re:29 Status Report filed by Jeffrey Ramirez, ENDORSEMENT GRANTED. Petitioner shall submit an amended petition and memorandum of law in support thereof by no later than November 4, 2024. The stay in this case is hereby lifted. SO ORDERED. ( Amended Pleadings due by 11/4/2024.), Case Stay Lifted. (Signed by Judge Margaret M. Garnett on 9/3/2024) (jca) Related: [-]
29		29 misc Status Report Tue 09/03 6:31 AM STATUS REPORT. Regarding State Court Proceedings Document filed by Jeffrey Ramirez..(Bonus, Justin) Related: [-]
Wednesday, April 03, 2024
28		28 order Memo Endorsement ~Util - Case Stayed Wed 04/03 4:30 PM MEMO ENDORSEMENT on re:27 Status Report filed by Jeffrey Ramirez. ENDORSEMENT: GRANTED. The stay of all proceedings in this matter shall continue. Furthermore, within seven (7) calendar days of any decision issued in any state court proceeding relevent to this matter, including the NY CPL � 440.10 proceeding pending before Justice Judith Lieb, Plaintiff is hereby ORDERED to provide a status report to the Court regarding the decision and its effects on this matter. If no decision has been issued by September 3, 2024, the Plaintiff is ORDERED to provide a status report to the Court on that date. SO ORDERED. Case stayed. (Signed by Judge Margaret M. Garnett on 4/3/2024) (tg) Related: [-]
27		27 misc Status Report Wed 04/03 8:47 AM STATUS REPORT. Regarding State Court Proceedings Document filed by Jeffrey Ramirez..(Bonus, Justin) Related: [-]
Tuesday, April 02, 2024
26		26 order Order Tue 04/02 4:29 PM ORDER re:25 Order, Terminate Deadlines: On March 15, 2024, the Court ordered Plaintiff to provide a status report on his ineffective assistance of trial counsel claim and any other pending litigation related to Petitioner's state-court remedies by no later than March 29, 2024. That deadline has passed. If the Court does not receive such an update by April 9, 2024 the Court will dismiss this action for failure to prosecute without further notice to the parties. SO ORDERED. (HEREBY ORDERED by Judge Margaret M. Garnett) (Text Only Order) (Garnett, Margaret) Related: [-]
Friday, March 15, 2024
25		25 1 pgs order Order 1 - Terminate Deadlines Fri 03/15 1:16 PM NOTICE OF REASSIGNMENT: This matter has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment, including the stay of all proceedings as ordered by Magistrate Judge Fox on August 20, 2021. See Dkt. No. 23. All counsel must familiarize themselves with the Court's Individual Rules & Practices ("Individual Rules"), which are available at https://nysd.uscourts.gov/hon-margaret-m-garnett. It is hereby ORDERED that no later than March 29, 2024, Petitioner shall file a letter providing a status report on his ineffective assistance of trial counsel claim and any other pending litigation related to Petitioner's state-court remedies. If this matter has been terminated, Petitioner is not required to submit such letter, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is filed on the docket prior to the deadline, using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions �� 13.17-13.19 & App'x A, available at https://nysd.uscourts.gov/electronic-case-filing. In accordance with Rule I(B)(5) of the Court's Individual Rules, requests for extensions or adjournments may be made only by letter-motion filed on ECF. SO ORDERED. (Signed by Judge Margaret M. Garnett on 3/15/2024) (mml) Related: [-]
Monday, March 11, 2024
		notice Notice of Case Assignment/Reassignment Mon 03/11 10:37 AM NOTICE OF CASE REASSIGNMENT to Judge Margaret M. Garnett. Judge Paul G. Gardephe is no longer assigned to the case. (vba) Related: [-]
Monday, May 01, 2023
24		24 notice Notice of Appearance Mon 05/01 3:32 PM NOTICE OF APPEARANCE by David M. Cohn on behalf of Superintendent of Five Points Corr. Fac...(Cohn, David) Related: [-]
Tuesday, February 01, 2022
		notice Notice of Redesignation to Magistrate Judge Tue 02/01 10:35 PM NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Jennifer E. Willis. Please note that this is a reassignment of the designation only. (sjo) Related: [-]
		notice Notice of Reassignment of Referral to Magistrate Judge Tue 02/01 10:35 PM NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Jennifer E Willis, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Kevin Nathaniel Fox no longer referred to the case. (sjo) Related: [-]
Friday, August 20, 2021
23		23 6 pgs order Order on Motion to Stay Fri 08/20 1:54 PM MEMORANDUM AND ORDER granting21 Motion to Stay re:1 Petition for Writ of Habeas Corpus. For the foregoing reasons, the petitioner's motion for a stay, Docket Entry No. 21, is granted. The petitioner is directed to return to this court 30 days after he exhausts his ineffective assistance of trial counsel claim. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/20/2021) (va) Related: [-]
Saturday, August 14, 2021
22		22 respm Response to Motion Sat 08/14 8:28 AM RESPONSE to Motion re:21 FIRST MOTION to Stay re:1 Petition for Writ of Habeas Corpus . . Document filed by Superintendent of Five Points Corr. Fac...(Chariott, Julia) Related: [-]
Friday, July 16, 2021
20		20 2 pgs order Order on Motion for Extension of Time to Answer Mon 07/19 3:27 PM ORDER granting19 Letter Motion for Extension of Time to Answer re1 Petition for Writ of Habeas Corpus, addressed to Magistrate Judge Kevin Nathaniel Fox from Julia L Chariott dated July 15, 2021. The time for the respondent to answer the petition is stayed until the stay and abeyance motion the petitioner has indicated he wishes to file is resolved by the Court. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/16/2021) (va) Related: [-]
Thursday, July 15, 2021
19		19 motion Extension of Time to File Answer Thu 07/15 5:04 PM FIFTH LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Kevin Nathaniel Fox from Julia L Chariott dated July 15, 2021. Document filed by Superintendent of Five Points Corr. Fac...(Chariott, Julia) Related: [-]
		order Order on Motion to Stay Thu 07/15 9:28 AM ORDER denying without prejudice17 Letter Motion to Stay Petition for Writ of Habeas Corpus. The relief sought by the petitioner through Docket Entry No.17 must be obtained, if warranted, via a formal motion see Local Civil Rule 7.1 of this court. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel) Related: [-]
Tuesday, July 13, 2021
17		17 motion Stay Tue 07/13 7:01 AM FIRST LETTER MOTION to Stay re:1 Petition for Writ of Habeas Corpus addressed to Magistrate Judge Kevin Nathaniel Fox from Justin C Bonus dated 07/13/2021. Document filed by Jeffrey Ramirez..(Bonus, Justin) Related: [-]
Tuesday, June 08, 2021
16		16 1 pgs order Order ~Util - Set Deadlines Tue 06/08 4:12 PM ORDER: The Court extended time to answer the petition to July 19, 2021. See Docket Entry No. 15. The petitioner may file his reply on or before August 16, 2021. SO ORDERED. ( Replies due by 8/16/2021.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/8/2021) (va) Related: [-]
Thursday, June 03, 2021
		order Order on Motion for Extension of Time to Answer Thu 06/03 4:08 PM ORDER granting14 Letter Motion for Extension of Time to Answer re14 FOURTH LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Kevin Nathaniel Fox from Julia L Chariott dated June 1, 2021. Superintendent of Five Points Corr. Fac. answer due 7/19/2021. No additional request to extend the time to file the answer will be entertained by the Court. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel) Related: [-]
Wednesday, June 02, 2021
14		14 motion Extension of Time to File Answer Wed 06/02 10:50 AM FOURTH LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Kevin Nathaniel Fox from Julia L Chariott dated June 1, 2021. Document filed by Superintendent of Five Points Corr. Fac...(Chariott, Julia) Related: [-]
12		12 motion Extension of Time to File Answer Wed 06/02 9:58 AM FOURTH LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Kevin Nathaniel Fox from Julia L Chariott dated June 1, 2021. Document filed by Superintendent of Five Points Corr. Fac...(Chariott, Julia) Related: [-]
		order Order on Motion for Extension of Time to Answer Wed 06/02 10:40 AM ORDER denying without prejudice12 Letter Motion for Extension of Time to Answer re12 FOURTH LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Kevin Nathaniel Fox from Julia L Chariott dated June 1, 2021. The request for an extension of time is not signed by the applicant. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel) Related: [-]
Saturday, April 17, 2021
		order Order on Motion for Extension of Time to File Response/Reply Sat 04/17 1:30 AM ORDER granting10 Letter Motion for extension of time, to June 7, 2021, to file response to the petition for a writ of habeas corpus. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel) Related: [-]
Friday, April 16, 2021
10		10 motion Extension of Time to File Response/Reply Fri 04/16 11:16 AM THIRD LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Kevin Nathaniel Fox from Julia Chariott dated April 15, 2021. Document filed by Superintendent of Five Points Corr. Fac...(Chariott, Julia) Related: [-]
Thursday, February 25, 2021
		order Order on Motion for Extension of Time to File Response/Reply Thu 02/25 4:54 PM ORDER granting8 Letter Motion for Extension of Time to File Answer to the petition addressed to Magistrate Judge Kevin Nathaniel Fox from JULIA CHARIOTT dated February 19, 2021. Answer due by 4/26/2021 (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel) Related: [-]
Monday, February 22, 2021
8		8 motion Extension of Time to File Response/Reply Mon 02/22 10:08 AM SECOND LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Kevin Nathaniel Fox from JULIA CHARIOTT dated February 19, 2021. Document filed by Superintendent of Five Points Corr. Fac...(Chariott, Julia) Related: [-]
Monday, January 11, 2021
7		7 order Order on Motion for Extension of Time Mon 01/11 5:53 PM ORDER granting6 Letter Motion for Extension of Time. The time for the respondent to answer the petition is enlarged to March 1, 2021. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel) Related: [-]
Wednesday, January 06, 2021
6		6 motion Extension of Time Wed 01/06 12:58 PM FIRST LETTER MOTION for Extension of Time addressed to Magistrate Judge Kevin Nathaniel Fox from Julia Chariott dated January 5, 2021. Document filed by Superintendent of Five Points Corr. Fac...(Chariott, Julia) Related: [-]
Monday, November 16, 2020
5		5 notice Notice of Appearance Mon 11/16 9:53 AM NOTICE OF APPEARANCE by Julia Lien Chariott on behalf of Superintendent of Five Points Corr. Fac...(Chariott, Julia) Related: [-]
Friday, November 06, 2020
		misc Mail Order by Certified Mail Fri 11/06 9:05 AM Mailed a copy of4 Order to Answer and the petition for a writ of habeas corpus, Docket Entry No. 1, to attorney general of the state of New York by certified mail to 28 Liberty Street, New York, New York, 10005, and to the Bronx County district attorney by certified mail to 198 East 161st Street, Bronx, New York, 10451 by Certified Mail # 7019 1120 0000 8895 3059; 7019 1120 0000 8895 3066 respectively with Return Receipt Requested. (dsh) Related: [-]
Thursday, November 05, 2020
4		4 1 pgs order Order to Answer Thu 11/05 5:52 PM ORDER: The Clerk of Court shall serve a copy of this order and the petition for a writ of habeas corpus, Docket Entry No. 1., on the attorney general of the state of New York by certified mail to 28 Liberty Street, New York, New York, 10005, and on the Bronx County district attorney by certified mail to 198 East 161st Street, Bronx, New York, 10451. Within sixty days of this order, the respondent shall serve and file: 1) an answer to the petition; and 2) every transcript and brief identified in Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. The petitioner may serve and file a reply to the respondent's answer within thirty days from the date he is served with the respondent's answer. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/05/2020) (ama) Related: [-]
Tuesday, November 03, 2020
3		3 2 pgs order Order Referring Case to Magistrate Judge Wed 11/04 10:38 AM ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Kevin Nathaniel Fox. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/3/2020) (jca) Related: [-]
2		2 misc Civil Cover Sheet Tue 11/03 4:02 PM CIVIL COVER SHEET filed..(Bonus, Justin) Related: [-]
Monday, November 02, 2020
		misc Notice to Attorney Regarding Deficient Civil Cover Sheet Mon 11/02 11:33 AM ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Justin Colin Bonus to RE-FILE Document No. 1 Petition for Writ of Habeas Corpus. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020; the event wrong event type was used to file the civil cover sheet; the PDF must be filed separately; Jury Demand code was not selected. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) Related: [-]
		misc Notice to Attorney Regarding Party Modification Mon 11/02 11:38 AM ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Justin Colin Bonus. The party information for the following party/parties has been modified: Superintendent of Five Points Correctional Facility. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) Related: [-]
		notice Case Opening Initial Assignment Notice Mon 11/02 11:40 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . 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:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo) Related: [-]
		utility Case Designation Mon 11/02 11:41 AM Magistrate Judge Kevin Nathaniel Fox 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:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo) Related: [-]
		utility Case Designated ECF Mon 11/02 11:41 AM Case Designated ECF. (jgo) Related: [-]
Sunday, November 01, 2020
1		1 cmp Petition for Writ of Habeas Corpus Sun 11/01 2:54 PM PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. (Filing Fee $ 5.00, Receipt Number ANYSDC-22402786)Document filed by Jeffrey Ramirez..(Bonus, Justin) Related: [-]
		Att: 1 Civil Cover Sheet Civil Cover Sheet

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