Garcia v. Griffin

Garcia v. Griffin

Petitioner:	Jesus Garcia, Jr.
Respondent:	Superintendant Griffin
Case Number:	1:2013cv03014
Filed:	May 22, 2013
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
July 17, 2013	Filing 12 ORDER. The petition for a writ of habeas corpus is dismissed with prejudice. Because petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. & #167; 2253. Further, 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 the purpose of an appeal. Ordered by Judge Brian M. Cogan on 7/17/2013. Forwarded for judgment. C/M by chambers. (Siegfried, Evan)
May 22, 2013	Filing 6 ORDER VACATING the prior Order transferring this petition to the U.S. District Court, Southern District of New York. The Clerk of Court is directed to re-transfer this petition to the U.S. District Court, Eastern District of New York. The determin ation of petitioner's motion to proceed in forma pauperis has been left to the Eastern District of New York. The Clerk of Court shall also forward a copy of this Order to the Southern District of New York. Signed by Hon. John T. Curtin on 5/22/13. (DZ) [Transferred from New York Western on 5/22/2013.]

Date Filed

Document Text

July 17, 2013

Filing 12 ORDER. The petition for a writ of habeas corpus is dismissed with prejudice. Because petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. & #167; 2253. Further, 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 the purpose of an appeal. Ordered by Judge Brian M. Cogan on 7/17/2013. Forwarded for judgment. C/M by chambers. (Siegfried, Evan)

May 22, 2013

Filing 6 ORDER VACATING the prior Order transferring this petition to the U.S. District Court, Southern District of New York. The Clerk of Court is directed to re-transfer this petition to the U.S. District Court, Eastern District of New York. The determin ation of petitioner's motion to proceed in forma pauperis has been left to the Eastern District of New York. The Clerk of Court shall also forward a copy of this Order to the Southern District of New York. Signed by Hon. John T. Curtin on 5/22/13. (DZ) [Transferred from New York Western on 5/22/2013.]

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Petitioner: Jesus Garcia, Jr.
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Respondent: Superintendant Griffin
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