Wedington v. Federal Bureau Of Prisons

Justia Dockets & Filings Second Circuit New York Eastern District Wedington v. Federal Bureau Of Prisons

Wedington v. Federal Bureau Of Prisons

Petitioner:	Calvin S. Wedington
Respondent:	Federal Bureau Of Prisons
Case Number:	1:2011cv03067
Filed:	June 20, 2011
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Brian M. Cogan
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa
Jury Demanded By:	None

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Date Filed	Document Text
June 29, 2011	Filing 2 MEMORANDUM DECISION AND ORDER, Although I could transfer this action to the District of Minnesota, where petitioner is being held, I will not burden that court with another frivolous filing. Most importantly, the petition is frivolous. Accordingly, t he motion for in forma pauperis status is denied and the petition is dismissed. Petitioner has failed to make a substantial showing of the denial of a constitutional right. Therefore, a Certificate of Appealability re: 1 Petition for Writ of Habeas Corpus shall not issue. The Court certifies pursuant to 28 USC sec. 1915(a) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis is denied for the purpose of any appeal. The Clerk of the Court is directed to accept no more filings from petitioner unless he pays the filing fee in full or a judge of this Court certifies that the filing fee can be waived consistent with 28 USC sec. 1915(g). (Ordered by Judge Brian M. Cogan on 6/29/2011) c/m by chambers. Fwd. for Judgment. (Galeano, Sonia)

Date Filed

Document Text

June 29, 2011

Filing 2 MEMORANDUM DECISION AND ORDER, Although I could transfer this action to the District of Minnesota, where petitioner is being held, I will not burden that court with another frivolous filing. Most importantly, the petition is frivolous. Accordingly, t he motion for in forma pauperis status is denied and the petition is dismissed. Petitioner has failed to make a substantial showing of the denial of a constitutional right. Therefore, a Certificate of Appealability re: 1 Petition for Writ of Habeas Corpus shall not issue. The Court certifies pursuant to 28 USC sec. 1915(a) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis is denied for the purpose of any appeal. The Clerk of the Court is directed to accept no more filings from petitioner unless he pays the filing fee in full or a judge of this Court certifies that the filing fee can be waived consistent with 28 USC sec. 1915(g). (Ordered by Judge Brian M. Cogan on 6/29/2011) c/m by chambers. Fwd. for Judgment. (Galeano, Sonia)

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Petitioner: Calvin S. Wedington
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