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Docket for 25-748
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No. 25-748
Title:
Kevin McCarthy, Superintendent, Elmira Correctional Facility, Petitioner
v.
Pedro Hernandez
Docketed:
December 23, 2025
Linked with:
25A432
Lower Ct:
United States Court of Appeals for the Second Circuit
Case Numbers:
(24-1816)
Decision Date:
July 21, 2025
Proceedings and Orders
Oct 08 2025
Application (25A432) to extend the time to file a petition for a writ of certiorari from October 19, 2025 to December 18, 2025, submitted to Justice Sotomayor.
Main Document
Lower Court Orders/Opinions
Proof of Service
Oct 15 2025
Application (25A432) granted by Justice Sotomayor extending the time to file until December 18, 2025.
Dec 18 2025
Petition for a writ of certiorari filed. (Response due January 22, 2026)
Petition
Appendix
Certificate of Word Count
Proof of Service
Jan 12 2026
Motion to extend the time to file a response from January 22, 2026 to February 23, 2026, submitted to The Clerk.
Main Document
Proof of Service
Jan 14 2026
Motion to extend the time to file a response is granted and the time is extended to and including February 23, 2026.
Feb 17 2026
Motion to extend the time to file a response from February 23, 2026 to March 9, 2026, submitted to The Clerk.
Main Document
Proof of Service
Feb 20 2026
Motion to extend the time to file a response is granted and the time is further extended to and including March 9, 2026.
Mar 09 2026
Brief of respondent Pedro Hernandez in opposition filed.
Main Document
Proof of Service
Certificate of Word Count
Mar 19 2026
Reply of petitioner Kevin McCarthy filed.
Main Document
Certificate of Word Count
Proof of Service
Mar 19 2026
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Main Document
Mar 25 2026
DISTRIBUTED for Conference of 4/17/2026.
Apr 16 2026
Rescheduled.
Apr 20 2026
DISTRIBUTED for Conference of 4/24/2026.
Apr 27 2026
DISTRIBUTED for Conference of 5/1/2026.
May 11 2026
DISTRIBUTED for Conference of 5/14/2026.
May 18 2026
DISTRIBUTED for Conference of 5/21/2026.
May 26 2026
DISTRIBUTED for Conference of 5/28/2026.
Jun 01 2026
DISTRIBUTED for Conference of 6/4/2026.
Attorneys
Attorneys for Petitioner
Steven Chiajon Wu
Counsel of Record
New York County District Attorney's Office
1 Hogan Place
New York, NY 10013
WUS@DANY.NYC.GOV
Ph: 212-335-9326
Party name: Kevin McCarthy
Attorneys for Respondent
Paul Whitfield Hughes
Counsel of Record
McDermott Will & Schulte LLP
500 North Capitol Street NW
Washington, DC 20001
phughes@mwe.com
Ph: (202) 756-8988
Party name: Pedro Hernandez
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