Layne v. Capra
| New York Southern District Court | |
| Judge: | Jennifer L Rochon |
| Referred: | Barbara C Moses |
| Case #: | 1:21-cv-03989 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | May 04, 2021 |
| Terminated: | Mar 20, 2025 |
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| Docket last updated: 05/23/2025 11:59 PM EDT |
| Thursday, March 20, 2025 | ||
| 34 | 34
15
pgs
order
Order Adopting Report and Recommendations
Thu 03/20 6:16 PM
OPINION AND ORDER for26 Report and Recommendations. For the foregoing reasons, the Court adopts the R&R in its entirety. The petition is denied. The Clerk of Court is respectfully directed to close the case. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 3/20/2025) (jca) |
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| Friday, August 16, 2024 | ||
| 33 | 33
misc
Opposition Brief
Fri 08/16 1:41 PM
OPPOSITION BRIEF re:29 Brief Objections to Report and Recommendation . Document filed by Marlyn Kopp..(Hudson, Jalina) |
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| Thursday, August 01, 2024 | ||
| 32 | 32
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order
Order on Motion for Extension of Time to File Response/Reply
Thu 08/01 12:18 PM
ORDER granting31 Letter Motion for Extension of Time to File Response/Reply The request is GRANTED. Respondent shall respond to Petitioner's objections by August 16, 2024. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 8/1/2024) (jca) |
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| Wednesday, July 31, 2024 | ||
| 31 | 31
motion
Extension of Time to File Response/Reply
Wed 07/31 3:37 PM
FIRST LETTER MOTION for Extension of Time to File Response/Reply as to29 Brief Objections to Report and Recommendation addressed to Judge Jennifer L. Rochon from Jalina J. Hudson dated 7/31/2024. Document filed by Marlyn Kopp..(Hudson, Jalina) |
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| 30 | 30
notice
Notice of Appearance
Wed 07/31 3:33 PM
NOTICE OF APPEARANCE by Jalina J Hudson on behalf of Marlyn Kopp..(Hudson, Jalina) |
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| Friday, July 19, 2024 | ||
| 29 | 29
misc
Brief
Fri 07/19 2:38 PM
BRIEF //Objections to Report and Recommendation . Document filed by Malik Layne..(McArdle, Christopher) |
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| Thursday, June 20, 2024 | ||
| 28 | 28
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order
Order on Motion for Extension of Time
Thu 06/20 4:04 PM
ORDER granting27 Letter Motion for Extension of Time.The request is GRANTED. The parties shall file objections no later than July 19, 2024. SO ORDERED. Objections to R&R due by 7/19/2024. (Signed by Judge Jennifer L. Rochon on 6/20/2024) (jca) |
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| Tuesday, June 18, 2024 | ||
| 27 | 27
motion
Extension of Time
Tue 06/18 6:02 PM
LETTER MOTION for Extension of Time to file written objections to the R&R addressed to Judge Jennifer L. Rochon from Christopher L. McArdle dated June 18, 2024. Document filed by Malik Layne..(McArdle, Christopher) |
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| Friday, June 07, 2024 | ||
| 26 | 26
order
Report and Recommendations
Fri 06/07 6:17 PM
REPORT AND RECOMMENDATIONS re:1 Petition for Writ of Habeas Corpus, filed by Malik Layne. After careful review of the record, I cannot conclude that the decision of the Appellate Division affirming petitioner's conviction "was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States." 28 U.S.C. § 2254(d)(2). I therefore recommend, respectfully, that the petition be denied. I further recommend that no certificate of appealability issue. The Clerk of Court is respectfully directed to substitute "Marlyn Kopp, Superintendent, Sing Sing Correctional Facility," as the respondent in this action. Objections to R&R due by 6/21/2024 (Signed by Magistrate Judge Barbara C. Moses on 6/7/2024) (tg) |
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| Friday, April 05, 2024 | ||
| 25 | 25
misc
Notice of Filing Transcript
Fri 04/05 12:40 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/16/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(js) |
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| 24 | 24
misc
Transcript
Fri 04/05 12:36 PM
TRANSCRIPT of Proceedings re: CONFERENCE held on 11/16/2022 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Marissa Lewandowski, (631) 813-9335. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/26/2024. Redacted Transcript Deadline set for 5/6/2024. Release of Transcript Restriction set for 7/8/2024.(js) |
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| Wednesday, November 16, 2022 | ||
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minutes
Oral Argument
Wed 11/16 12:59 PM
Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Oral Argument held on 11/16/2022 re:1 Petition for Writ of Habeas Corpus, filed by Malik Layne. (tk) |
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| Wednesday, September 28, 2022 | ||
| 23 | 23
misc
Letter
Wed 09/28 2:51 PM
LETTER addressed to Judge Jennifer L. Rochon from Christopher L. McArdle dated September 28, 2022 re: Status update per the Court's order dated September 27, 2022 (ECF No. 22). Document filed by Malik Layne..(McArdle, Christopher) |
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| Tuesday, September 27, 2022 | ||
| 22 | 22
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order
Order 1 - Terminate Hearings
Tue 09/27 4:47 PM
NOTICE OF REASSIGNMENT This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jennifer-1-rochon. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all previously-scheduled appearances or conferences before the District Judge are hereby adjourned pending further notice from the Court. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter updating the Court on the status of the case. The joint letter shall not exceed four (4) pages. If this case has been settled or otherwise terminated, counsel need not submit such letter or appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is filed on the docket prior to the joint letter submission deadline, using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions§§ 13.17-13.19, available at http://nysd.uscourts.gov/ecf filing.php. Requests for extensions or adjournment of dates not affected by this Order may be made only in accordance with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jennifer-1-rochon. (And as further set forth herein.) SO ORDERED (Signed by Judge Jennifer L. Rochon on 9/27/2022) (jca) |
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| Monday, September 26, 2022 | ||
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notice
Notice of Case Assignment/Reassignment
Mon 09/26 4:35 PM
NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge Mary Kay Vyskocil is no longer assigned to the case..(kgo) |
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| Tuesday, July 26, 2022 | ||
| 21 | 21
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pgs
order
Order on Motion for Oral Argument
Tue 07/26 5:40 PM
ORDER granting20 Letter Motion for Oral Argument. Application GRANTED. Oral argument will take place on November 16, 2022, at 10:00 a.m. in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 7/26/2022) (rro) |
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utility
Set/Reset Hearings
Tue 07/26 5:41 PM
Set/Reset Hearings: Oral Argument set for 11/16/2022 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (rro) |
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| Tuesday, November 16, 2021 | ||
| 20 | 20
motion
Oral Argument
Tue 11/16 5:31 PM
LETTER MOTION for Oral Argument on Petition for a Writ of Habeas Corpus (ECF No. 1) addressed to Magistrate Judge Barbara C. Moses from Christopher L. McArdle dated November 16, 2021. Document filed by Malik Layne..(McArdle, Christopher) |
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| Friday, November 12, 2021 | ||
| 19 | 19
respoth
Reply Memorandum of Law in Support (non-motion)
Fri 11/12 11:44 PM
REPLY MEMORANDUM OF LAW in Support re:1 Petition for Writ of Habeas Corpus, . Document filed by Malik Layne..(McArdle, Christopher) |
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| Wednesday, October 13, 2021 | ||
| 18 | 18
order
Memo Endorsement ~Util - Add and Terminate Attorneys
Wed 10/13 6:31 PM
MEMO ENDORSEMENT on re:17 Letter filed by Malik Layne. ENDORSEMENT: Application GRANTED. SO ORDERED. Attorney Madeline Byrd terminated. (Signed by Magistrate Judge Barbara C. Moses on 10/13/2021) (va) |
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| Tuesday, October 12, 2021 | ||
| 17 | 17
misc
Letter
Tue 10/12 11:44 AM
LETTER addressed to Judge Mary Kay Vyskocil from Madeline E. Byrd dated October 12. 2021 re: Withdrawing as Counsel. Document filed by Malik Layne..(Byrd, Madeline) |
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| Wednesday, September 15, 2021 | ||
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pgs
order
Order on Motion for Extension of Time to File Response/Reply
Wed 09/15 6:48 PM
ORDER granting15 Letter Motion for Extension of Time to File Response/Reply re15 LETTER MOTION for Extension of Time to File Response/Reply as to14 Memorandum of Law in Opposition,13 Response to Petition for a Writ of Habeas Corpus addressed to Magistrate Judge Barbara C. Moses from Christopher L. McArdle date. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 9/15/2021) (rro) |
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utility
Set/Reset Deadlines
Wed 09/15 6:49 PM
Set/Reset Deadlines: Michael Capra answer due 11/12/2021. (rro) |
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| Tuesday, September 14, 2021 | ||
| 15 | 15
motion
Extension of Time to File Response/Reply
Tue 09/14 4:54 PM
LETTER MOTION for Extension of Time to File Response/Reply as to14 Memorandum of Law in Opposition,13 Response to Petition for a Writ of Habeas Corpus addressed to Magistrate Judge Barbara C. Moses from Christopher L. McArdle dated September 14, 2021. Document filed by Malik Layne..(McArdle, Christopher) |
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| Monday, September 13, 2021 | ||
| 14 | 14
30+
pgs
respoth
Memorandum of Law in Opposition (non-motion)
Mon 09/13 3:09 PM
MEMORANDUM OF LAW in Opposition to Habeas Petition . Document filed by Michael Capra..(Lyons, Paul) |
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| 13 | 13
answer
Response to Petition for a Writ of Habeas Corpus
Mon 09/13 2:48 PM
RESPONSE to1 Petition for Writ of Habeas Corpus,. Document filed by Michael Capra..(Lyons, Paul) |
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Att: 1
State Court Record Table of Contents,
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Att: 2
State Court Record
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| Thursday, July 08, 2021 | ||
| 10 | 10
2
pgs
order
Order on Motion for Extension of Time to Answer
Thu 07/08 11:20 AM
ORDER granting9 Letter Motion for Extension of Time to Answer re9 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Barbara C. Moses from Paul B. Lyons dated July 7, 2021. Application GRANTED. Michael Capra answer due 8/12/2021 (Signed by Magistrate Judge Barbara C. Moses on 7/8/2021) (cf) |
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| Wednesday, July 07, 2021 | ||
| 9 | 9
motion
Extension of Time to File Answer
Wed 07/07 6:15 PM
FIRST LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Barbara C. Moses from Paul B. Lyons dated July 7, 2021. Document filed by Michael Capra..(Lyons, Paul) |
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| Friday, July 02, 2021 | ||
| 8 | 8
notice
Notice of Appearance
Fri 07/02 12:02 PM
NOTICE OF APPEARANCE by Paul Bernard Lyons on behalf of Michael Capra..(Lyons, Paul) |
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| Wednesday, May 12, 2021 | ||
| 7 | 7
1
pgs
order
Order to Answer, 28 U.S.C. 2254
Thu 05/13 11:43 AM
ORDER TO ANSWER, 28 U.S.C. 2254 Having determined that the Petition under 28 U.S.C. § 2254 (Dkt. No. 1) should not be summarily dismissed, the Court hereby orders that: The Clerk of Court is directed to serve a copy of this Order to Answer and the Petition on the Attorney General of the State of New York and on the District Attorney of New York County by electronic means through the use of the court's CM/ECF system. Within sixty days of the date of this order, Respondent must file and serve (1) an answer, motion, or other response to the petition, and (2) the transcripts and briefs identified in Rule 5(c) of the Rules Governing Section 2254 Cases in the United States District Courts. Petitioner may file and serve any reply papers within thirty days from the date Petitioner is served with Respondents answer. Michael Capra answer due on 7/12/2021. (Signed by Magistrate Judge Barbara C. Moses on 5/12/2021) (cf) . Modified on 5/13/2021 (cf) |
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| Wednesday, May 05, 2021 | ||
| 6 | 6
1
pgs
order
Order Referring Case to Magistrate Judge
Wed 05/05 11:49 AM
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Habeas Corpus. Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Mary Kay Vyskocil on 5/5/2021) (nb) |
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| 5 | 5
notice
Notice of Appearance
Wed 05/05 10:15 AM
NOTICE OF APPEARANCE by Madeline Byrd on behalf of Malik Layne..(Byrd, Madeline) |
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| 4 | 4
notice
Notice of Appearance
Wed 05/05 10:13 AM
NOTICE OF APPEARANCE by Sharon Steinerman on behalf of Malik Layne..(Steinerman, Sharon) |
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notice
Case Opening Initial Assignment Notice
Wed 05/05 10:16 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(pc) |
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utility
Case Designation
Wed 05/05 10:19 AM
Magistrate Judge Barbara C. Moses is so designated. 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] . (pc) |
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utility
Case Designated ECF
Wed 05/05 10:20 AM
Case Designated ECF. (pc) |
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| Tuesday, May 04, 2021 | ||
| 3 | 3
misc
Civil Cover Sheet
Tue 05/04 8:31 PM
CIVIL COVER SHEET filed..(McArdle, Christopher) |
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| 2 | 2
23
pgs
respoth
Memorandum of Law in Support (non-motion)
Tue 05/04 8:30 PM
MEMORANDUM OF LAW in Support re:1 Petition for Writ of Habeas Corpus, . Document filed by Malik Layne..(McArdle, Christopher) |
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| 1 | 1
cmp
Petition for Writ of Habeas Corpus
Tue 05/04 8:28 PM
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: New York. (Filing Fee $ 5.00, Receipt Number ANYSDC-24493823)Document filed by Malik Layne..(McArdle, Christopher) |
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Att: 1
Exhibit A-1,
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Att: 2
Exhibit A-2,
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Att: 3
Exhibit A-3,
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Att: 4
Exhibit B-1,
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Att: 5
Exhibit B-2,
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Att: 6
Exhibit B-3,
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Att: 7
Exhibit B-4,
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Att: 8
Exhibit C-1,
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Att: 9
Pre-Trial Transcript,
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Att: 10
Trial Transcript,
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Att: 11
Sentencing Transcript I,
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Att: 12
Sentencing Transcript II
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