US District Court Civil Docket as of 02/24/2004 Retrieved from the court on Wednesday, August 24, 2005 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:02-cv-09744-RMB-KNF Nieves v. Thomas, et al Date Filed: 12/10/2002 Assigned to: Judge Richard M. Berman Jury Demand: None Referred to: Magistrate Judge Kevin Nathaniel Fox Nature of Suit: 530 Habeas Corpus Demand: $0 (General) Cause: 28:2241 Petition for Writ of Habeas Corpus (federa Jurisdiction: Federal Question Petitioner Carlos Nieves represented by Carlos Nieves 95-A-5487 900 King Highway Warwick, NY 10990 PRO SE V. Respondent Gail Thomas Acting Superintendent, Mid-Orange Correctional Facility Respondent Brion Travis Chairman, New York Date Filed # Docket Text 12/10/2002 1 PETITION for writ of habeas corpus pursuant to 28 USC 2241. (gf) (Entered: 12/11/2002) 12/10/2002 2 MEMORANDUM OF LAW by Carlos Nieves in support of [1-1] petition . (gf) (Entered: 12/11/2002) 12/10/2002 3 NOTICE OF MOTION by Carlos Nieves to grant bailto habeas corpus . Return Date not indicated. (gf) (Entered: 12/11/2002) 12/10/2002 4 NOTICE OF MOTION by Carlos Nieves purs. to Rule 6 of the Rules governing 2254 of the U.S.C. for leave to conduct discovery , and for the Court to request counsel . Return Date not indicated. (gf) (Entered: 12/11/2002) 12/10/2002 Magistrate Judge Kevin N. Fox is so designated. (gf) (Entered: 12/11/2002) 12/18/2002 5 Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial/Including Initial Case Management Conference. Referred to Magistrate Judge Kevin Nathaniel Fox. ( signed by Judge Richard M. Berman ) (tp) (Entered: 12/19/2002) 01/06/2003 6 Order that the clerk shall serve a copy of this order and petition upon Eliot Spitzer, Robert Morgenthau, shall send a copy of this order by certified mail to petitioner. Answer due on 2/5/03 for Brion Travis, for Gail Thomas; should respondents determine to move with respect to the petition; the motion shall be served and filed on or before 2/14/03; petitioner shall serve and file any response to the motion on or before 3/31/03; any reply shall be served and filed on or before 4/15/03; should petitioner fail to serve and file any response to the motion or fail to seek an extension of the time in which to do so, the Court shall consider respondents' motion as unopposed. ( signed by Magistrate Judge Kevin Nathaniel Fox ); mailed certified copy of this order and a copy of the petition upon: Robert Morgenthau, D.A., #70001 2510 0008 8279 5166, ret. rec. req; Eliot Spitzer, Atty. Gen., #7001 2510 0008 8279 3834, ret. rec. req and a copy this Order to the Petitioner by cert. mail, #7001 2510 0008 8279 5173: Returned on: (pl) (Entered: 01/10/2003) 01/06/2003 7 Order that the clerk shall serve a copy of this order and petition upon Eliot Spitzer, Atty. Gen, and D.A. Morgenthau ; and shall send a copy of this order by certified mail to petitioner; Carlos Nieves' Notice of Motion for Bail, pending the resolution of petition's application for a writ of habeas corpus; respondents are directed to serve and filed a response to petitions motion for bail on or before 1/31/03; Any reply by the petitioner shall be served and filed on or before 2/21/03. ( signed by Magistrate Judge Kevin Nathaniel Fox ); copy of this order and a copy of the petition upon: Robert Morgenthau, D.A., #70001 2510 0008 8279 5166, ret. rec. req; Eliot Spitzer, Atty. Gen., #7001 2510 0008 8279 3834, ret. rec. req and a copy this Order to the Petitioner by cert. mail, #7001 2510 0008 8279 5173: Returned on: (pl) (Entered: 01/10/2003) 01/30/2003 8 DECLARATION of Willa J. Bernstein by Gail Thomas, Brion Travis in opposition Re: [3-1] motion to grant bail to habeas corpus. (djc) (Entered: 02/04/2003) 01/30/2003 9 MEMORANDUM OF LAW by Gail Thomas, Brion Travis in opposition to [3-1] motion to grant bailto habeas corpus . (djc) (Entered: 02/04/2003) 02/14/2003 10 Memo-Endorsement on letter addressed to Judge Kevin N. Fox from Willa J. Bernstein, dated 2/13/03. Re: counsel for dfts request a thirty day extension until 3/17/03 to respond to the petition. Application granted . ( signed by Magistrate Judge Kevin Nathaniel Fox ) (db) (Entered: 02/19/2003) 02/21/2003 11 REPLY MEMORANDUM by Carlos Nieves. (sb) (Entered: 02/26/2003) 03/17/2003 12 MEMORANDUM OF LAW by Gail Thomas, Brion Travis in opposition to [1-1] petition . (djc) (Entered: 03/19/2003) 03/17/2003 13 DECLARATION of Willa lJ.Bernstein by Gail Thomas, Brion Travis in opposition Re: [1-1] petition . (djc) (Entered: 03/19/2003) 03/26/2003 14 ORDER; denying [4-1] motion purs. to Rule 6 of the Rules governing 2254 of the U.S.C. for leave to conduct discovery. ( signed by Judge Richard M. Berman ); (sac) (Entered: 03/27/2003) 03/27/2003 15 Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Habeas Corpus. Referred to Magistrate Judge Kevin Nathaniel Fox. ( signed by Judge Richard M. Berman ) (jco) (Entered: 03/28/2003) 02/24/2004 16 ORDER. Petitioner's application for appointment of counsel is denied. (Signed by Judge Richard M. Berman on 2/23/04) (yv, ) (Entered: 02/25/2004) Note: Links in this docket are stored in the PACER system (Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. 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