Tague v. Kennedy
| John Tague |
| Steven Kennedy |
| 1:2019cv12490 |
| December 18, 2019 |
| US District Court for the District of Massachusetts |
| Leo T Sorokin |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
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| Filing 7 District Judge Leo T. Sorokin: ORDER entered. ORDER DISMISSING CASE(PSSA, 5) |
| Filing 6 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. ORDER DISMISSING CASE Petitioner John Tagues (Tague) Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254 (ECF No. 1) and this action are hereby DISMISSED without prejudice pursuant to 28 U.S.C. 2244 (b)(3)(A). See Rule 9 of the Rules Governing Section 2254 Cases in the United States District Courts (Before presenting a second or successive petition, the petitioner must obtain an order from the appropriate court of appeals authorizing the district court to consider the petition as required by 28 U.S.C. 2244(b)(3) and (4).) Tague previously filed a Section 2254 Petition that was denied on August 6, 2003. See Tague v. Ficco, No. CIV.A. 02-11382-DPW, 2003 WL 21805110 (D. Mass. Aug. 6, 2003). Tague does not have permission from the First Circuit Court of Appeals to bring this second or successive petition. Rather, Tague states in his petition that simultaneously he has moved the First Circuit Court of Appeals for permission to file [this] successive petition. Pet. 1. A review of the First Circuits docket confirms that Tague is seeking authorization from the First Circuit to bring the instant petition. That application is pending. Accordingly, Tagues petition and this action are hereby DISMISSED without prejudice. Pursuant to 28 U.S.C 2253(c)(2), this Court denies a certificate of appealability where Tague has failed make a substantial showing of the denial of a constitutional right.(PSSA, 5) |
| Filing 5 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered denying #3 Motion for Leave to Proceed in forma pauperis Petitioner John Tagues (Tague) motion to proceed in forma pauperis (ECF No. 3) is DENIED. Tague was required to provide a certificate from the warden or other appropriate officer of the place of confinement showing the amount of money or securities that the petitioner has in any account in the institution. Rule 3(a)(2) of the Rules Governing Section 2254 Cases in the United States District Courts. Here, the account statement provided by Tague predated the petition filing date by almost two months. The Court is therefore unable to determine whether Tague has the funds to pay the modest $5.00 filing fee.(PSSA, 5) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Finn, Mary) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by John Tague. (Attachments: #1 Supplement)(Castilla, Francis) |
| Filing 2 MOTION to Appoint Counsel by John Tague.(Castilla, Francis) |
| Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2254, filed by John Tague.(Castilla, Francis) |
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| Respondent: Steven Kennedy | |
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| Petitioner: John Tague | |
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