Adorno v. Nessigner
| New York Southern District Court | |
| Judge: | Valerie E Caproni |
| Case #: | 1:24-cv-09760 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2241fd Petition for Writ of Habeas Corpus (Federal) |
| Case Filed: | Dec 18, 2024 |
| Case in other court: | Rhode Island, 1:24-cv-00500 |
| Last checked: Thursday Dec 19, 2024 10:04 PM EST |
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Petitioner
Hector Adorno
91044-038 Wyatt Detention Center 950 Fall St.
Central Falls, RI 02863 |
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Respondent
Warden Michael Nessigner
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| Docket last updated: 4 hours ago |
| Friday, December 20, 2024 | ||
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misc
Mailing Receipt
Fri 12/20 2:22 PM
MAILING RECEIPT: Document No: 5. Mailed to: Hector Adorno 91044-038 Wyatt Detention Center 950 Fall St. Central Falls, RI 02863. (caf) |
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| Thursday, December 19, 2024 | ||
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notice
Notice of Case Assignment/Reassignment
Thu 12/19 4:47 PM
NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Unassigned is no longer assigned to the case. (vba) |
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utility
Case Designation
Thu 12/19 4:47 PM
Magistrate Judge Barbara C. Moses is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vba) |
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| Wednesday, December 18, 2024 | ||
| 5 | 5
order
Standing Order re Cases Filed By Pro Se Plaintiffs
Wed 12/18 6:32 PM
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may[LINK:consent to electronic service] to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for[LINK:permission to file documents electronically] . Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (vba) |
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| 4 | 4
transfer
Case Transferred In - District Transfer
Wed 12/18 6:29 PM
CASE TRANSFERRED IN from the United States District Court - District of Rhode Island; Case Number: 1:24-cv-00500. Original file certified copy of transfer order and docket entries received. |
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notice
Case Opening Initial Assignment Notice - Transfer Case
Wed 12/18 6:30 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba) |
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utility
Case Designated ECF
Wed 12/18 6:30 PM
Case Designated ECF. (vba) |
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service
Note Regarding Service on Self-Represented Party
Wed 12/18 6:31 PM
CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see[LINK:Rule 9.2] of the courts ECF Rules & Instructions for further information..(vba) |
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| Wednesday, December 04, 2024 | ||
| TEXT ORDER: The Plaintiff is incarcerated, serving a federal sentence, at the Wyatt Correctional Facility in Central Falls, Rhode Island. He has filed a petition pursuant to 28 U.S.C. § 2241(a), challenging on due process grounds a disciplinary proceeding that resulted in a loss of good time. A § 2241(a) petition must be filed in the district where the prisoner's custodian is located. Mr. Adorno is in the custody of a Residential Re-entry Management (RRM) Center, located in New York, New York, in the Southern District of New York, and that is the appropriate venue for this action. Nekvasil v. United States , No. 1:22-cv-617, 2022 WL 4115428, at *2-3 (W.D. Mich. Sept. 9, 2022) (transferring to the Eastern Division where the Detroit RRM office is located); Andreozzi v. Manager, RRM Seattle , No. 2:23-cv-01106-JNW-GJL, 2023 WL 7156173, at *1 (W.D. Wash. Oct. 31, 2023 (substituting appropriate RRM as defendant); Jordan v. RRM San Antonio , C.A. No. H-23-321, 2023 WL 3025079, at *1 (S.D. Tex. Apr 19, 2023) (dismissing without prejudice). Pursuant to 28 U.S.C. § 1406(a), the Court orders this case transferred to the Southern District of New York. So Ordered by Chief Judge John J. McConnell, Jr. on 12/4/2024. (Jackson, Ryan) [Transferred from Rhode Island on 12/18/2024.] (Entered: 12/04/2024) | ||
| Tuesday, December 03, 2024 | ||
| 3 | 3 TEXT ORDER entered directing the petitioner to pay the habeas corpus filing fee in the amount of $5.00 or to file a motion to Proceed in Forma Pauperis Filing Fee or Motion to Proceed In Forma Pauperis due on or before 12/24/2024. So Ordered by Chief Judge John J. McConnell, Jr. on 12/3/2024. (Kenny, Meghan) [Transferred from Rhode Island on 12/18/2024.] | |
| Wednesday, November 27, 2024 | ||
| 2 | 2
MOTION for order to remain at the Wyatt Detention Facility pending resolution of petition filed by Hector Adorno. Responses due by 12/11/2024.(Kenny, Meghan) [Transferred from Rhode Island on 12/18/2024.]
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Att: 1
Supporting Memorandum
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| 1 | 1
Petition, filed by Hector Adorno.(Kenny, Meghan) [Transferred from Rhode Island on 12/18/2024.]
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Envelope
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