Valdez v. Ebbert

Valdez v. Ebbert

Petitioner:	Carlos Manuel Valdez
Respondent:	David J. Ebbert
Case Number:	1:2012cv00233
Filed:	January 12, 2012
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. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
January 23, 2012	Filing 3 MEMORANDUM AND ORDER: Accordingly, petitioner fails to satisfy the "in custody" requirement and therefore this Court lacks jurisdiction over the petition. The instant petition pursuant to 28 U.S.C. § 2254 is dismissed. A certificate of appealability shall not issue because petitioner has not made a substantial showing of the denial of a constitutional right. The Court certifies that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. SO ORDERED by Judge Brian M. Cogan, on 1/23/2012. C/mailed. (Latka-Mucha, Wieslawa)

Date Filed

Document Text

January 23, 2012

Filing 3 MEMORANDUM AND ORDER: Accordingly, petitioner fails to satisfy the "in custody" requirement and therefore this Court lacks jurisdiction over the petition. The instant petition pursuant to 28 U.S.C. § 2254 is dismissed. A certificate of appealability shall not issue because petitioner has not made a substantial showing of the denial of a constitutional right. The Court certifies that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. SO ORDERED by Judge Brian M. Cogan, on 1/23/2012. C/mailed. (Latka-Mucha, Wieslawa)

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Respondent: David J. Ebbert
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Petitioner: Carlos Manuel Valdez
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