Watson v. Artuz

Filing 84

ORDER TO ANSWER: Pursuant to a mandate from the United States Court of Appeals for the Second Circuit,petitioner Shane Watson has filed a second or successive petition in this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. See Docket ## 81-82. In accordance with Rule 4of the Rules Governing Section 2254 Cases in the United States District Courts, I have considered the petition (Docket # 82-1) preliminarily and direct that respondent shall file either an answer or, if res pondent has a basis on which to seek to have the petition denied or dismissed that does not require an answer, a motion with respect to the petition: respondent shall file such answer or motion on or before December 19, 2023. the answer or motion shall include an affidavit describing any facts relevant to the answer or motion and all documents necessary for the adjudication of this matter, including but not limited to transcripts of any relevant proceedings, the briefs submitted on appeal, the record in any state post-conviction proceedings, and such other information as may be necessary for this Court to adjudicate the petition; the submission shall include a memorandum of law fully describing the factual and legal basis underlying the respondents opposition and each statement of fact therein shall be accompanied by a citation to the appropriate transcript, affidavit or document by paragraph or page number; petitioner shall have thirty (30) days from the date on which he is served with respondents answer or motion to file a response or traverse. The Clerk of Court is directed to serve a copy of this Order, the Second Circuit Mandate (Docket82) and the Petition (Docket # 82-1) on the Attorney General of the State of Ne w York SO ORDERED. Christopher Artuz answer due 12/19/2023.( Motions due by 12/19/2023.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/20/2023) (rro) Transmission to Appeals Clerk. Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
SHANE WATSON,
:
Petitioner,
:
-v.:
CHRISTOPHER ARTUZ
:
Respondent.
:
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ORDER TO ANSWER
99 Civ. 1364 (PAE)(GWG)

GABRIEL W. GORENSTEIN, United States Magistrate Judge.
Pursuant to a mandate from the United States Court of Appeals for the Second Circuit,
petitioner Shane Watson has filed a second or successive petition in this Court for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254. See Docket ## 81-82. In accordance with Rule 4
of the Rules Governing Section 2254 Cases in the United States District Courts, I have considered the petition (Docket # 82-1) preliminarily and direct that respondent shall file either an
answer or, if respondent has a basis on which to seek to have the petition denied or dismissed
that does not require an answer, a motion with respect to the petition:
(1)

respondent shall file such answer or motion on or before December 19, 2023.

(2)

the answer or motion shall include an affidavit describing any facts relevant to the

answer or motion and all documents necessary for the adjudication of this matter,
including but not limited to transcripts of any relevant proceedings, the briefs submitted
on appeal, the record in any state post-conviction proceedings, and such other
information as may be necessary for this Court to adjudicate the petition;
(3)

the submission shall include a memorandum of law fully describing the factual

and legal basis underlying the respondent’s opposition and each statement of fact therein
shall be accompanied by a citation to the appropriate transcript, affidavit or document by
paragraph or page number;

(4)

petitioner shall have thirty (30) days from the date on which he is served with

respondent’s answer or motion to file a response or traverse.
The Clerk of Court is directed to serve a copy of this Order, the Second Circuit Mandate (Docket
82) and the Petition (Docket # 82-1) on the Attorney General of the State of New York
SO ORDERED.
Dated: New York, New York
October 20, 2023

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