Allen v. Graham

Allen v. Graham

Petitioner:	Carl Allen
Respondent:	Harold D. Graham
Case Number:	1:2013cv06317
Filed:	November 15, 2013
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Lois Bloom
Presiding Judge:	Kiyo A. Matsumoto
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

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
December 2, 2013	Filing 4 MEMORANDUM AND ORDER: As petitioner still has "the right under the law of the State to raise" the questions he presents here, he has not exhausted state remedies and his petition must be dismissed. Accordingly, the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 filed in forma pauperis is dismissed without prejudice. As petitioner has not made a substantial showing of the denial of constitutional right, a certificate of appealability will not i ssue. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. The Clerk of Court is respectfully requested to serve a copy of this motion on petitioner at the address listed on the docket sheet. SO ORDERED by Judge Kiyo A. Matsumoto, on 12/2/2013. C/mailed. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa) (Latka-Mucha, Wieslawa)

Date Filed

Document Text

December 2, 2013

Filing 4 MEMORANDUM AND ORDER: As petitioner still has "the right under the law of the State to raise" the questions he presents here, he has not exhausted state remedies and his petition must be dismissed. Accordingly, the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 filed in forma pauperis is dismissed without prejudice. As petitioner has not made a substantial showing of the denial of constitutional right, a certificate of appealability will not i ssue. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. The Clerk of Court is respectfully requested to serve a copy of this motion on petitioner at the address listed on the docket sheet. SO ORDERED by Judge Kiyo A. Matsumoto, on 12/2/2013. C/mailed. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa) (Latka-Mucha, Wieslawa)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Allen v. Graham
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Respondent: Harold D. Graham
Represented By:	RICHMOND COUNTY DISTRICT ATTORNEYS OFFICE - GENERI
Represented By:	NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Petitioner: Carl Allen
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?