| Court: | nyed |
| Docket #: | 1:04-cv-04337 |
| Case Name: | Roque v. Phillips |
| PACER case #: | 235971 |
| Date filed: | 2004-10-06 |
| Date terminated: | 2007-03-16 |
| Assigned to: | Judge Dora Lizette Irizarry |
| Case Cause: | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Nature of Suit: | 530 Habeas Corpus (General) |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Juan Roque Petitioner |
Juan Roque |
| William Phillips Respondent Superintendent |
KINGS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC Morgan James Dennehy |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2004-10-06 | 1 | 0 | PETITION for Writ of Habeas Corpus, filed by Juan Roque. (Attachments: # 1 Civil Cover Sheet)(Bowens, Priscilla) (Entered: 10/12/2004) | |||
| 2004-10-06 | 2 | 0 | MOTION for Leave to Proceed in forma pauperis by Juan Roque. (Bowens, Priscilla) (Entered: 10/12/2004) | |||
| 2004-10-06 | 3 | 0 | MEMORANDUM in Support of Petition for a Writ of Habeas Corpus by Juan Roque. (Bowens, Priscilla) (Entered: 10/12/2004) | |||
| 2004-10-13 | 4 | 0 | ORDER TO SHOW CAUSE: Petitioner is granted leave to proceed in forma pauperis. The New York State Attorney General or the District Attorney of Kings County shall show cause why a writ of habeas corpus should not be issued. W/in 60 days of receipt of this Order, respondent shall serve a copy of the return on the Petitioner. Petitioner, w/in 30 days of the date of his receipt of the return of the respondent, shall file a reply, if any. (Signed by Judge Dora Lizette Irizarry on 10/12/2004) *C/M Electronically to Respondents. Hard Copy mailed to Petitioner. (Attachments: # 1 2254 Petition; # 2 Memorandum of Law in Support of 2254 Petition; # 3 Civil Cover Sheet) *Motion 2 for IFP terminated. (Latka-Mucha, Wieslawa) (Entered: 10/13/2004) | |||
| 2004-10-14 | 5 | 0 | ORDER TO VACATE: The Order of this Court 4 dated 10/12/2004 is hereby VACATED. Any response to the petition by the New York State Attorney General or the District Attorney of Kings County is stayed pending further order of the Court. (Signed by Judge Dora Lizette Irizarry on 10/13/2004) *C/M Electronically to Respondents. Hard Copy mailed to Petitioner. (Latka-Mucha, Wieslawa) (Entered: 10/14/2004) | |||
| 2004-10-25 | 6 | 0 | Letter dtd 10/18/2004 from pro se Juan Roque to Judge Irizarry, providing the Court "with a time line re: the filing and tolling dates in the case." (Latka-Mucha, Wieslawa) (Entered: 10/28/2004) | |||
| 2004-11-01 | 7 | 0 | ORDER TO SHOW CAUSE: Petitioner is granted leave to proceed in forma pauperis. The District Attorney of Kings County shall show cause why a writ of habeas corpus should not be issued. W/in 60 days of receipt of this Order, Respondent shall serve a copy of the return on the Petitioner. Petitioner, w/in 30 days of the date of his receipt of the return of the Respondent, shall file a reply, if any. (Signed by Judge Dora Lizette Irizarry on 10/29/2004) *C/M Electronically to Respondents. Hard Copy mailed to Petitioner. (Attachments: # 1 2254 Petition; # 2 Memorandum of Law in Support of 2254 Petition; # 3 Civil Cover Sheet; # 4 Letter dtd 10/18/04) (Latka-Mucha, Wieslawa) (Entered: 11/01/2004) | |||
| 2004-12-21 | 8 | 0 | Letter from Morgan Dennehy to Judge Irizarry Regarding extension to file habeas response. (Mintz, Phyliss) (Entered: 12/21/2004) | |||
| 2005-01-07 | 9 | 0 | RESPONSE TO ORDER TO SHOW CAUSE by William Phillips. (Dennehy, Morgan) (Entered: 01/07/2005) | |||
| 2005-01-10 | 10 | 0 | STATE COURT RECORD Received. Affidavit In Opposition To Petition For a Writ Of Habeas Corpus. Exhibit A, Brief For Defendant. Exhibit B, Respondent's Brief. Exhibit C, Notice of Motion. Exhibit D, Affirmation in Opposition to Motion to Vacate. Exhibit E, Decision & Order. Exhibit F, Notice of Motion. Exhibit G, Affirmation in Opposition To Petition For Writ of Error Coram Nobis. Exhibit H, Affidavit. (Guy, Alicia) (Entered: 01/10/2005) | |||
| 2005-01-31 | 11 | 0 | Letter MOTION for Extension of Time to File petitioner's traverse to Respondent's 9 Opposition (*Fwd to Judge Irizarry); dated 1/27/2005, filed by Juan Roque. (Latka-Mucha, Wieslawa) (Entered: 02/08/2005) | |||
| 2005-03-31 | 12 | 0 | Petitioner's Traverse; filed by pro se Juan Roque, dated 3/21/2005. *Fwd to Judge Irizarry. (Latka-Mucha, Wieslawa) (Entered: 04/08/2005) | |||
| 2005-03-31 | 13 | 0 | Letter MOTION to Amend/Correct 1 Petition for Writ of Habeas Corpus and requesting "that the Court consider[s] Point III of [petitioner's] traverse as a supplement to [his] pending motion," (*Fwd to Judge Irizarry) dated 3/21/2005; filed by Juan Roque. (Latka-Mucha, Wieslawa) (Entered: 04/08/2005) | |||
| 2005-04-13 | 14 | 0 | ORDER re 12 Reply in Opposition filed by Juan Roque,, 13 Letter MOTION to Amend/Correct 1 Petition for Writ of Habeas Corpus and requesting "that the Court consider[s] Point III of [petitioner's] traverse as a supplement to [his] pending motion," (*Fwd to Judge Irizarry) dated 3/21/2005; filed by Juan Roque ---- ELECTRONIC ORDER: Petitioner's application to amend the petition to include a new claim is GRANTED. Respondent may file a sur reply, not to exceed five (5) pages in length, on or before April 27, 2005. Service of a copy of this Order shall be made by the Clerk of this Court by forwarding a copy to the Kings County District Attorney and mailing a copy of the same to Petitioner. SEE ATTACHED ORDER FOR DETAILS. SO ORDERED by Judge Dora Lizette Irizarry on 04/13/05. (Irizarry, Dora) (Entered: 04/13/2005) | |||
| 2005-04-27 | 15 | 0 | RESPONSE TO ORDER TO SHOW CAUSE by William Phillips. (Appelbaum, Amy) (Entered: 04/27/2005) | |||
| 2005-05-06 | 16 | 0 | Letter from Juan Rogue, pro se dated 5/2/05 to Judge Irizarry, regarding issues raised in his habeas petition. (Williams-Jackson, Sandy) (Entered: 05/11/2005) | |||
| 2007-03-12 | 17 | 0 | ELECTRONIC ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS --- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Petitioner's request for a writ of habeas corpus is DENIED. Service of a copy of this Electronic Order and the ATTACHED WRITTEN MEMORANDUM AND ORDER shall be made by the Clerk of the Court by mailing a copy to pro se petitioner by certified mail. Service on respondent by ECF shall suffice. The Clerk of the Court is directed to close the file maintained in this case. SO ORDERED by Judge Dora Lizette Irizarry on 03/12/07. (Irizarry, Dora) (Entered: 03/12/2007) | |||
| 2007-03-16 | 18 | 0 | CLERK'S JUDGMENT : ORDERED and ADJUDGED that petitioner take nothing of the respondent; that petitioner's petition for a writ of habeas corpus is denied; and that a Certificate of Appealability is denied. (Appeal packet mailed). Ordered by Robert C. Heinemann, Clerk of Court on 3/15/07. (Black, Amanda) (Entered: 03/16/2007) | |||
| 2007-03-22 | 19 | 0 | ACKNOWLEDGMENT OF SERVICE (Certified Mail w/Return Receipt) Executed upon pro se Juan Roque, re: (2) Electronic Orders dated 3/12/07, 17 Memorandum and Order dated 3/12/07. Tracking #(s) 7002 0510 0001 3173 9267. (Latka-Mucha, Wieslawa) (Entered: 03/22/2007) | |||
| 2007-04-11 | 20 | 0 | NOTICE OF APPEAL as to 18 Clerk's Judgment, 17 Order,, by Juan Roque. No fee paid. IFP granted. COA denied. Service done electronically. (McGee, Mary Ann) (Entered: 04/16/2007) | |||
| 2007-06-22 | 21 | 0 | Acknowledgment 1st SUPPLEMENTAL from USCA received re: 20 Appeal. Acknowledgment signed by EM on 6/21/07 USCA#07/1585pr. (Drayton, Lorraine) (Entered: 06/25/2007) | |||
| 2007-07-09 | 22 | 0 | The Second Supplemental Record on Appeal transmitted to US Court of Appeals re 20 Notice of Appeal. Please Note: This ROA contains only the State Court Record it is being sent to Stanley it is in two boxes. (Gonzalez, Mary) (Entered: 07/09/2007) | |||
| 2007-07-11 | 23 | 0 | Acknowledgment 2nd SUPPLEMENTAL from USCA received re: 20 Appeal. Acknowledgment signed by EM on 7/9/07. USCA#07/1585pr. (Drayton, Lorraine) (Entered: 07/12/2007) | |||
| 2007-09-21 | 24 | 0 | MANDATE of USCA as to 20 Notice of Appeal filed by Juan Roque. It is ordered that the motion is denied & the appeal is dismissed (See document for further details). Certified on 9/17/07. (Gonzalez, Mary) (Entered: 09/25/2007) | |||
| 2007-10-16 | 25 | 0 | MANDATE of USCA as to 20 Notice of Appeal filed by Juan Roque. Appellant's motion for COA is denied and the appeal is dismissed. Issued as Mandate: 10/10/07. USCA#07-1585-pr. (McGee, Mary Ann) (Entered: 10/17/2007) | |||
| 2007-11-27 | 26 | 0 | Appeal Record Returned from the Court of Appeals containing document number 10. USCA#07/1585pr. (Drayton, Lorraine) (Entered: 11/27/2007) |