MacKenzie v. Capra

Filing 4

ORDER TO SHOW CAUSE re 1 Petition for Writ of Habeas Corpus filed by Edward MacKenzie. SO ORDERED that that petitioner is granted leave to proceed in forma pauperis. IT IS FURTHER ORDERED that within sixty (60) days of receipt of this order, the Attorney General of the State of New York or, the District Attorney of NASSAU County, as attorney for respondents, shall (a) show cause before this Court, by filing a return to the petition, why a writ of habeas corpus should not be issued, and ( b) serve a copy of the return upon petitioner herein and file proof of such service with the Clerk of this Court. the Clerk of the Court shall (a) serve a copy of this Order to Show Cause, together with a copy of the petition, upon the Attorney Gener al of the State of New York, 200 Old Country Road, Mineola, NY 11501-4241, and the District Attorney of NASSAU County by electronic service (ECF), and (b) serve notice of entry of this Order to Show Cause upon petitioner pursuant to Rule 77(d)(l) of the Federal Rules of Civil Procedure. CM to pro se petitioner. Ordered by Judge Sandra J. Feuerstein on 9/24/2014. (Florio, Lisa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

---------------------------------------------X
EDWARD MACKENZIE,

Petitioner,
ORDER TO SHOW CAUSE
CV-14-5553 (SJF) FILED

-against-

IN CLERK'S OFFICE
US DISTRICT COURT E 0 NY

MICHAEL CARPA,

*

Respondents.

----------------------------------------------X

SEP 24 Z014

*

LONG ISLAND OFFICE

FEUERSTEIN, J.

Upon the petition for issuance of a writ of habeas corpus pursuant to 28 U.S.C. 2254, filed
9/1112014 a copy of which is annexed, it is hereby ORDERED:
(I) that petitioner is granted leave to proceed in forma pauperis; and it is further ORDERED,
(2) that within sixty (60) days of receipt of this order, the Attorney General of the State of New York or,
the District Attorney ofNASSAU County, as attorney for respondents, shall (a) show cause before this
Court, by filing a return to the petition, why a writ of habeas corpus should not be issued, and (b) serve a
copy of the return upon petitioner herein and file proof of such service with the Clerk of this Court; and it
is further ORDERED,
(3) that at the time the return is filed, respondents shall (a) electronically file the State Court Recordincluding the state court trial transcript and record, copies of petitioner's and the District Attorney's
briefs on appeal and in connection with any proceedings pursuant to Section 440 of the New York
Criminal Procedure Law or an application for a writ of error coram nobis, and all relevant state court
decisions and opinions-with no individual attachment exceeding twenty (20) megabytes, and (b) submit a
hard copy of the State Court Record to Chambers, which must be clearly marked "Courtesy Copy,
original filed on ECF;" and it is further ORDERED,
(4) that within twenty-one (21) days of service of a copy of the return upon petitioner, petitioner shall file
his reply thereto, if any, with the Clerk of this Court and serve a copy thereof upon respondents; and it is
further ORDERED,
(5) that i(the District Attornev serves and files a motion to dismiss the petition on the wounds that it was
not timely filed. the District Attorney may defer filing a return (and the accompanying State Court
Record) pending the determination o(the motion to dismiss; and it is further ORDERED,

(6) that the Clerk of the Court shall (a) serve a copy of this Order to Show Cause, together with a copy of
the petition, upon the Attorney General ofthe State of New York, 200 Old Country Road, Mineola, NY
11501-4241, and the District Attorney ofNASSAU County by electronic service (ECF), and (b) serve
notice of entry of this Order to Show Cause upon petitioner pursuant to Rule 77(d)(l) of the Federal
Rules of Civil Procedure.
SO ORDf}lED.

s/ Sandra J. Feuerstein

Sal1l!ra J. Feuers~-­
United States District Judge
Dated: Central Islip, New York
September 24, 2014