Vega v. Griffin

Filing 5

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Having reviewed and concluded that the habeas corpus petition should not be summarily dismissed, it is ORDERED that respondent shall file electronically a complete and entire answer o r other pleading in response to the petition within sixty (60) days of the date of this order, and it is further ordered that respondent shall file electronically with the answer, the State Court Record. Pursuant to Rule 4 of the Rules Governing Sect ion 2254 Cases, the Clerk of the Court shall serve, by certified mail, copies of this Order and the petition for a writ of habeas corpus upon the Attorney General of the State of New York and the District Attorney for Queens County. Pursuant to Rule 5(e) of the Rules Governing Section 2254 Cases, petitioner shall file any reply to respondents answer within thirty (30) days of the filing of the answer. It is further ORDERED that petitioner is granted leave to proceed without being required to pre pay fees or costs, or give security therefor. Within ten (10) days of the date of this Order, respondent shall serve a copy of this order upon petitioner, and file proof of service of the same with the Clerk of the Court. Ordered by Judge Kiyo A. Matsumoto on 12/29/2014. (Gong, LiJia)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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:
REGGIE VEGA, pro se
:
:
:
Petitioner,
:
:
-against:
:
THOMAS GRIFFIN,
:
Superintendent of Green Haven
:
Correctional Facility,
:
:
Respondent.
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:
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ORDER
14-CV-7479 (KAM)

KIYO A. MATSUMOTO, United States District Judge:
The Court has reviewed this habeas corpus petition pursuant to Rule 4 of the Rules
Governing Section 2254 Cases in the United States District Court. Having concluded that the
petition should not be summarily dismissed pursuant to Rule 4, it is
ORDERED that respondent shall file electronically a complete and entire answer or
other pleading in response to the petition within sixty (60) days of the date of this order, and it is
further
ORDERED that, pursuant to Rule 5 of the Rules Governing Section 2254 Cases,
respondent shall address in the answer whether petitioner has exhausted state remedies, and it is
further
ORDERED that respondent shall file electronically with the answer, the State Court
Record, with no individual attachment to the entry exceeding 5 megabytes, and shall supply a hard
copy of the State Court Record to Chambers, which shall be clearly marked “Courtesy Copy,

original filed in ECF, docket number_____.” The State Court Record shall include copies of the
trial transcript, State court briefs and any supporting papers of both the People and the defendant
on direct appeal and on any post-trial motions or motions brought in any collateral proceeding,
and on any appeal of such motions, as well as copies of any orders disposing of any motions, or a
sworn detailed statement as to why all of these documents are not being submitted, and it is
further
ORDERED that, pursuant to Rule 4 of the Rules Governing Section 2254 Cases, the
Clerk of the Court shall serve, by certified mail, copies of this Order and the petition for a writ of
habeas corpus upon the Attorney General of the State of New York and the District Attorney for
Queens County, and it is further
ORDERED that, pursuant to Rule 5(e) of the Rules Governing Section 2254 Cases,
petitioner shall file any reply to respondent’s answer within thirty (30) days of the filing of the
answer, and it is further
ORDERED that petitioner is granted leave to proceed without being required to prepay
fees or costs, or give security therefor, and it is further
ORDERED that, within ten (10) days of the date of this Order, respondent shall serve a
copy of this order upon petitioner, and file proof of service of the same with the Clerk of the
Court.

IT IS SO ORDERED.
Dated: Brooklyn, New York
December 29, 2014
/s/
KIYO A. MATSUMOTO
United States District Judge
Eastern District of New York