Razzoli v. U.S. Marshals et al
| Kevin Razzoli |
| S.D.N.Y., U.S. Marshals, U.S. Navy and Warden Duke Terrell |
| 1:2010cv04902 |
| October 19, 2010 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Carol B. Amon |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
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Filing
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MEMORANDUM & ORDER: The petitioner's claims related to "mkultra" and a "'cowboy program' in the BOP" and his requests for a military tribunal and a Franks hearing raised in docket numbers 10-CV-4802 (CBA) and 10-CV-4902 (CBA) are dismissed with prejudice. Plaintiff's claims related to the free exercise of his religion are dismissed without prejudice to the ongoing litigation in Razzoli v. Executive Office of U.S. Marshals, No. 10-CV-4269. Pla intiff's remaining claim, his due process challenge to his confinement to the SHU, may proceed in Docket No. 10-CV-4802. As the claims alleged in Docket No. 10-CV-4902 regarding petitioner's confinement to the SHU are encompassed by those raised in Docket No. 10-CV-4802 or have otherwise been dismissed, the Court consolidates Docket No. 10-CV-4902 with Docket No. 10-CV-4802. The Clerk of Court is therefore directed to close Docket No. 10-CV-4902 and to direct any further filings in th at case to Docket No. 10-CV-4802. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for purpose of any appeal. The Uni ted States Attorney, as attorney for the respondent, shall show cause before this Court why a writ of habeas corpus should not be issued in Docket No. 10-CV-4802, by the filing of a return to the petition. Within 20 days of receipt of this Order, the United States Attorney shall serve a copy of the return upon the petitioner herein and file the original thereof, with proof of such service, with the Clerk of the Court. Petitioner, within 20 days of the date of receipt of a copy of the return of t he United States Attorney, shall file his reply, if any, with proof of service, with the Clerk of the Court. Service of a copy of this Order shall be made by the Clerk of the Court by forwarding a copy hereof, together with a copy of the petition, to the United States Attorney, and by mailing a copy of this Order to the petitioner. SO ORDERED by Chief Judge Carol Bagley Amon, on 6/30/2011. C/mailed. Electronic Service upon the U.S. Attorney's Office, re: Petitioner's Petition(s) for a Writ of Habeas Corpus. Cases associated. (Latka-Mucha, Wieslawa)
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Filing
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MEMORANDUM & ORDER: Petitioner's requests to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 are granted. Petitioner is directed to submit amended petitions within 30 days of the date of this Order. No summons shall issue at this time, and all further proceedings shall be stayed for 30 days. SO ORDERED. (Ordered by Judge Carol B. Amon, on 12/20/2010) C/mailed. (Latka-Mucha, Wieslawa)
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