Carpenter v. Sitek
Petitioner: Daniel E. Carpenter
Respondent: Jonathan Sitek
Case Number: 3:2023cv00719
Filed: May 31, 2023
Court: US District Court for the District of Connecticut
Presiding Judge: Maria E Garcia
Referring Judge: Jeffrey A Meyer
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal)
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 9, 2023 Filing 6 CLERK'S CERTIFICATE RE: INDEX AND RECORD ON APPEAL re: #5 Notice of Appeal. The attached docket sheet is hereby certified as the entire Index/Record on Appeal in this matter and electronically sent to the Court of Appeals, with the exception of any manually filed documents as noted below. Dinah Milton Kinney, Clerk. Documents manually filed not included in this transmission: none (Chartier, AnnMarie)
June 9, 2023 Filing 5 NOTICE OF APPEAL as to 4 ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS by Daniel E. Carpenter. (Chartier, AnnMarie)
June 5, 2023 Opinion or Order Filing 4 ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS. The petitioner has filed a petition for writ of habeas corpus seeking to challenge his conviction that occurred in the District of Massachusetts. The Court DISMISSES the petition for the same reasons it has previously dismissed a substantially similar petition in Carpenter v. Garland, 3:22-cv-725-JAM (D. Conn.). In that case, the Court granted respondent's motion to dismiss for lack of any plausible showing that the petitioner was "in custody" for his Massachusetts conviction at the time that he filed this action and otherwise for the reasons set forth by respondent in its motion. The Court also noted that the petitioner did not identify any grounds to conclude that a federal district court in Connecticut has authority to invalidate a conviction that has entered in a federal district court in Massachusetts. In addition, when a petitioner brings a second or successive habeas corpus proceeding seeking to challenge his conviction pursuant to 28 U.S.C. 2255, the petitioner must first seek relief in the United States Court of Appeals which it does not appear that the petitioner has done. See 28 U.S.C. 2244(b)(3)(A), 28 U.S.C. 2255(h). Because petitioner has not made a substantial showing of the denial of a constitutional right, no certificate of appealability shall enter. See 28 U.S.C. 2253(c)(2). The Clerk of Court shall close this case. It is so ordered. Signed by Judge Jeffrey A. Meyer on 6/5/2023.(Lewis, D)
May 31, 2023 Opinion or Order Filing 3 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 5/31/2023.(Chartier, AnnMarie)
May 31, 2023 Opinion or Order Filing 2 STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 5/31/2023.(Chartier, AnnMarie)
May 31, 2023 Filing 1 PETITION for Writ of Habeas Corpus, filed by Daniel E. Carpenter. (Attachments: #1 Exhibits) (Peterson, M)
May 31, 2023 Filing fee received from Colt Holmes for Daniel Carpenter: $ 5.00, receipt number 20277 (Manual Receipt #605733) (Peterson, M) Modified on 6/8/2023 (Peterson, M).
May 31, 2023 Judge Jeffrey A. Meyer and Judge Maria E. Garcia added. (Shafer, J.)

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Petitioner: Daniel E. Carpenter
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Respondent: Jonathan Sitek
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