Walker v. Mills

Walker v. Mills

Petitioner:	Jermaine Walker
Respondent:	T. Mills
Case Number:	1:2017cv02308
Filed:	April 14, 2017
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Eric N. Vitaliano
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 7, 2017	Filing 5 MEMORANDUM AND ORDER, Accordingly, Walker's application for a writ of habeas corpus, pursuant to 28 USC sec. 2241, is dismissed without prejudice. Because this petition presents no "substantial showing of the denial of a constitutional ri ght," a Certificate of Appealability is Denied re: 1 Petition for Writ of Habeas Corpus. Walker is advised to raise any concerns re: the proceedings in his ongoing criminal case with his defense attorney and with the appropriate state cou rt. Although petitioner paid the filing fee to commence this action, the Court certifies, pursuant to 28 USC sec. 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 pu rpose of an appeal. The Clerk of Court is directed to enter judgment dismissing Walker's petition without prejudice and to close this case for administrative purposes. (Ordered by Judge Eric N. Vitaliano on 6/6/2017) c/m Fwd. for Judgment. (Galeano, Sonia)

Date Filed

Document Text

June 7, 2017

Filing 5 MEMORANDUM AND ORDER, Accordingly, Walker's application for a writ of habeas corpus, pursuant to 28 USC sec. 2241, is dismissed without prejudice. Because this petition presents no "substantial showing of the denial of a constitutional ri ght," a Certificate of Appealability is Denied re: 1 Petition for Writ of Habeas Corpus. Walker is advised to raise any concerns re: the proceedings in his ongoing criminal case with his defense attorney and with the appropriate state cou rt. Although petitioner paid the filing fee to commence this action, the Court certifies, pursuant to 28 USC sec. 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 pu rpose of an appeal. The Clerk of Court is directed to enter judgment dismissing Walker's petition without prejudice and to close this case for administrative purposes. (Ordered by Judge Eric N. Vitaliano on 6/6/2017) c/m Fwd. for Judgment. (Galeano, Sonia)

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Respondent: T. Mills
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Petitioner: Jermaine Walker
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