Mullings v. Finley (1:23-cv-09603), New York Southern District Court

Mullings v. Finley

New York Southern District Court
Judge:	Paul A Engelmayer
Case #:	1:23-cv-09603
Nature of Suit	530 Prisoner Petitions - Habeas Corpus - General
Cause	28:2241fd Petition for Writ of Habeas Corpus (Federal)

Case Filed:	Nov 01, 2023
Terminated:	Dec 05, 2023

Docket
Parties

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Docket last updated: 09/20/2024 11:59 PM EDT

Tuesday, December 05, 2023
15		15 order Memo Endorsement ~Util - Set Deadlines/Hearings Tue 12/05 5:27 PM MEMO ENDORSEMENT: on re:14 Letter filed by Kyle T. Mullings. ENDORSEMENT: GRANTED. The Court thanks petitioner's counsel for this welcome update. The Court respectfully directs the Clerk of Court to close this case. (Signed by Judge Paul A. Engelmayer on 12/05/2023) (ama) Related: [-]
14		14 misc Letter Tue 12/05 3:26 PM THIRD LETTER addressed to Judge Paul A. Engelmayer from Paul Felicione dated 12/5/23 re: Court Order Dated 12/04/2023. Document filed by Kyle T. Mullings..(Felicione, Paul) Related: [-]
Monday, December 04, 2023
13		13 order Order Mon 12/04 3:48 PM ORDER On November 21, 2023, the Court issued an order to show cause, requiring the parties' counsel to confer regarding settlement, and setting a briefing schedule on Mullings' s petition in the event that counsel could not come to an agreement. Dkt. 10. Under that schedule, Finley was to file a response to Mullings's petition by December 1, 2023. No such response has been received, nor has Finley entered an appearance in this matter. The Court orders Mullings's counsel, by December 6, 2023, to file a status update on the docket of this case. That status update must describe whether he has conferred with Finley's counsel (that is, the government) regarding issuance of the writ; whether the government opposes the relief sought; and whether Mullings continues to seek issuance of the writ. The Court notes that discussions with prison counsellors ( or other employees) will be deemed insufficient for this purpose; such discussions must have occurred with legal counsel. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/4/2023) (jca) Related: [-]
Tuesday, November 07, 2023
6		6 order Order for Initial Pretrial Conference Tue 11/07 3:54 PM ORDER: Initial Conference set for 11/21/2023 at 03:00 PM before Judge Paul A. Engelmayer. This conference will be held telephonically. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound(#) key. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/7/2023) (ks) Related: [-]
Monday, November 06, 2023
5		5 misc Letter Mon 11/06 12:12 PM FIRST LETTER addressed to Judge Paul A. Engelmayer from Paul Felicione dated 11/06/2023 re: Court Order Dated 11/03/2023. Document filed by Kyle T. Mullings..(Felicione, Paul) Related: [-]
Friday, November 03, 2023
4		4 2 pgs order Order Fri 11/03 3:59 PM ORDER: The Court, however, acknowledges that earlier precedent is not pellucid on this point. In particular, in Carbo v. United States, 364 U.S. 611 (1961), the Court held that the writ of habeas corpus ad prosequendum ("prosecutorial writ") may issue extraterritorially, but left open the question as to the writ at issue here-the writ of habeas corpus ad testificandum ("testimonial writ"). For the avoidance of doubt, however, the Court sua sponte proposes to transfer this case to the Middle District of Pennsylvania, pursuant to 28 U.S.C. � 1406(a), as courts routinely do when presented with Section 2241 petitions filed in an improper venue. See Shehnaz v. Ashcroft, No. 04 Civ. 2578 (DLC), 2004 WL 2378371, at *4 (S.D.N.Y. Oct. 25, 2004) (collecting cases). Given the rapidly approaching deadline for Mullings's scheduled deposition, the Court orders Mullings to file, by November 7, 2023, a letter on the docket of this case responding to the Court's proposal to transfer his petition. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/3/2023) (ks) Related: [-]
Thursday, November 02, 2023
3		3 misc Civil Cover Sheet Thu 11/02 12:50 PM CIVIL COVER SHEET filed..(Felicione, Paul) Related: [-]
		misc Notice to Attorney Regarding Deficient Civil Cover Sheet Thu 11/02 11:52 AM ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Paul J. Felicione to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; Plaintiff party name does not match exactly as it appears on the pleading caption;. 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 Case Opening Statistical Error Correction Thu 11/02 11:52 AM ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Paul J. Felicione. The following case opening statistical information was erroneously selected/entered: County code Bronx;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) Related: [-]
		misc Notice to Attorney Regarding Party Modification Thu 11/02 11:53 AM ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paul J. Felicione. The party information for the following party/parties has been modified: Kyle Mullings; Scott Finley. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo) Related: [-]
		notice Case Opening Initial Assignment Notice Thu 11/02 11:55 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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 Thu 11/02 11:56 AM Magistrate Judge Gabriel W. Gorenstein 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo) Related: [-]
		utility Case Designated ECF Thu 11/02 11:57 AM Case Designated ECF. (jgo) Related: [-]
Wednesday, November 01, 2023
2		2 misc Civil Cover Sheet Wed 11/01 1:11 PM CIVIL COVER SHEET filed..(Felicione, Paul) Related: [-]
1		1 cmp Petition for Writ of Habeas Corpus Wed 11/01 12:46 PM PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-28508079)Document filed by Kyle Mullings..(Felicione, Paul) Related: [-]
		Att: 1 Exhibit Summons & Complaint

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