Mejia v. People of the State of New York

Justia Dockets & Filings Second Circuit New York Western District Mejia v. People of the State of New York

Mejia v. People of the State of New York

Petitioner:	Jose Mejia
Respondent:	People of the State of New York
Case Number:	6:2017cv06362
Filed:	June 8, 2017
Court:	US District Court for the Western District of New York
Office:	Rochester Office
County:	Wyoming
Presiding Judge:	Charles J. Siragusa
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
February 5, 2021	Filing 15 DECISION AND ORDER denying 1 Petition for Writ of Habeas Corpus filed by Jose Mejia. The Clerk of the Court is directed to close this case. Pursuant to 28 U.S.C. § 2253, the Court declines to issue a certificate of appealability, since Peti tioner has not made a substantial showing of the denial of a constitutional right. The Court hereby certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith and leave to appeal to the Court of Appeals as a poor person is denied. Coppedge v. United States, 369 U.S. 438 (1962). Further requests to proceed on appeal in forma pauperis should be directed on motion to the United States Court of Appeals for the Second Circuit in accordance with Rule 24 of the Federal Rules of Appellate Procedure. Signed by Hon. Charles J. Siragusa on 2/5/21. Copy of this NEF and decision and order mailed to pro se petitioner at Attica.(KAP)-CLERK TO FOLLOW UP-
July 20, 2017	Filing 5 DECISION AND ORDER denying 3 Motion to Stay. ORDERED, that Petitioners application [#3] for stay and abeyance is denied; and it is furtherORDERED, that within thirty (30) days of the date of this Decision and Order, Petitioner shall inform the Cou rt in writing whether he would prefer that his entire petition be dismissed without prejudice so that he can pursue remedies in state court, or whether he would prefer to delete his unexhausted ineffective assistance claim and proceed only with the e xhausted claims. If Petitioner elects to have the entire petition dismissed without prejudice, he is advised that the one-year limitations period applicable to habeas petitions will presumably bar him from filing another habeas petition in federal c ourt; and it is furtherORDERED, that if Petitioner fails to respond in writing and affirmatively withdraw his unexhausted claim within thirty (30) days of the date of this Decision and Order, the Court will dismiss the entire petition without prejudice.Signed by Hon. Charles J. Siragusa on 7/20/17. Copy of this decision and order and NEF mailed to pro se plaintiff at Attica. (KAP)

Date Filed

Document Text

February 5, 2021

Filing 15 DECISION AND ORDER denying 1 Petition for Writ of Habeas Corpus filed by Jose Mejia. The Clerk of the Court is directed to close this case. Pursuant to 28 U.S.C. § 2253, the Court declines to issue a certificate of appealability, since Peti tioner has not made a substantial showing of the denial of a constitutional right. The Court hereby certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith and leave to appeal to the Court of Appeals as a poor person is denied. Coppedge v. United States, 369 U.S. 438 (1962). Further requests to proceed on appeal in forma pauperis should be directed on motion to the United States Court of Appeals for the Second Circuit in accordance with Rule 24 of the Federal Rules of Appellate Procedure. Signed by Hon. Charles J. Siragusa on 2/5/21. Copy of this NEF and decision and order mailed to pro se petitioner at Attica.(KAP)-CLERK TO FOLLOW UP-

July 20, 2017

Filing 5 DECISION AND ORDER denying 3 Motion to Stay. ORDERED, that Petitioners application [#3] for stay and abeyance is denied; and it is furtherORDERED, that within thirty (30) days of the date of this Decision and Order, Petitioner shall inform the Cou rt in writing whether he would prefer that his entire petition be dismissed without prejudice so that he can pursue remedies in state court, or whether he would prefer to delete his unexhausted ineffective assistance claim and proceed only with the e xhausted claims. If Petitioner elects to have the entire petition dismissed without prejudice, he is advised that the one-year limitations period applicable to habeas petitions will presumably bar him from filing another habeas petition in federal c ourt; and it is furtherORDERED, that if Petitioner fails to respond in writing and affirmatively withdraw his unexhausted claim within thirty (30) days of the date of this Decision and Order, the Court will dismiss the entire petition without prejudice.Signed by Hon. Charles J. Siragusa on 7/20/17. Copy of this decision and order and NEF mailed to pro se plaintiff at Attica. (KAP)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Western District Court's Electronic Court Filings (ECF) System

Search for this case: Mejia v. People of the State of New York
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Petitioner: Jose Mejia
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Respondent: People of the State of New York
Represented By:	Donna Milling (e-service)
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?