Spain v. Fisher
| Russell Spain |
| Pamela L. Fisher |
| 1:2018cv04037 |
| July 13, 2018 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| Kiyo A Matsumoto |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| Filing 4 JUDGMENT in favor of Pamela L. Fisher against Russell Spain. That the petitioner's application for a writ of habeas corpus is dismissed; that no certificate of appealability shall issue; See U.S.C. 2253 (c); that pursuant to28 U.S.C. 1915(a) that any appeal would not be taken in good faith; that for the purpose of any appeal in forma pauperis status is denied; See Coppedge v. United States, 369 U.S. 438 (1962); and that this case is closed. (Ordered by Tiffany Campbell, Deputy Clerk on 8/22/2018) c/m (Galeano, Sonia) Modified on 8/22/2018 (Galeano, Sonia). |
Filing 3
MEMORANDUM AND OPINION, Accordingly, petitioner's application for a writ ofhabeas corpus is dismissed. Because this petition presents no "substantial showing of the denial of a constitutional right," a certificate of appealability shall not issue. 28 U.S.C. 2253(c). Although petitioner paid the filing fee, the court certifies pursuant to 28 U.S.C. 1915(a) that any appeal fromthis order would not be taken in good faith and therefore in forma pauperis is denied for the purpose of an appeal. Coppedge V. United States, 369 U.S. 438 (1962). The Clerk of Court is respectfully directed to enter judgment dismissing this petition, mail a copy of this Order and the judgment to petitioner and note service on the docket, and close the case. (Certificate of Appealability Denied re: #1 Petition for Writ of Habeas Corpus) Ordered by Judge Kiyo A. Matsumoto on 8/20/2018. c/m Fwd. for Judgment. (Galeano, Sonia)
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| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Williams, Erica) |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Russell Spain. (Attachments: #1 Civil Cover Sheet) (Williams, Erica) |
| FILING FEE: $ 5.00, receipt number 4653130154. (Williams, Erica) |
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| Respondent: Pamela L. Fisher | |
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