Henry v. City of New York et al
| Mark Q. Henry |
| New York City Department of Corrections, City of New York, State of New York, District Attorney Kings County, Supreme Court of the State of New York and Legal Aid Society |
| 1:2018cv04735 |
| August 22, 2018 |
| US District Court for the Eastern District of New York |
| Carol Bagley Amon |
| Kiyo A Matsumoto |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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ORDER. The above-captioned action was initiated on April 3, 2018 #1 , #2 in the United States District Court for the Southern District of New York. On May 16, 2018, the court ordered petitioner to withdraw the petition or show cause why it should not be transferred from the Southern District to the Eastern District within sixty (60) days. Petitioner failed to respond. On August 22, 2018, this action was transferred from the Southern District to this court #5 . At no point since commencing this action has petitioner made contact with the court or complied with any of the court's orders. Petitioner shall provide the court with his current address on or before November 2, 2018. If petitioner fails to comply with this order, the court will dismiss the action without prejudice pursuant to Federal Rule of Civil Procedure 41 for (1) failure to comply with court orders and (2) failure to prosecute. The Clerk of Court is respectfully directed to mail a copy of this order to pro se petitioner at his address of record and note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 10/2/2018. (Renzler, Katie)
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| Case Reassigned to Judge Kiyo A. Matsumoto. Judge Carol Bagley Amon no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Marziliano, August) |
| Filing 6 Case transferred in from District of New York Southern; Case Number 1:18-cv-02928. Original file certified copy of transfer order and docket sheet received. |
| The case of Henry v. City of New York et al, has been transferred from Southern District of New York (Foley Square) to the Eastern District of New York. The new case number is 18-cv-4735. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Williams, Erica) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York (mro) [Transferred from New York Southern on 8/22/2018.] |
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Filing 5
TRANSFER ORDER: The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Eastern District of New York. This order closes this case. Because Petitioner has not at this time made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue under 28 U.S.C. 2253. The Court certifies under 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Colleen McMahon on 8/14/2018) (mro) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 8/22/2018.]
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| Mailed a copy of #5 Order, to Mark Q. Henry 141-14-13353 Rikers Island-A.M.K.C 18-18 Hazen Street East Elmhurst, NY 11370. (aea) [Transferred from New York Southern on 8/22/2018.] |
| Received returned mail re: #3 Order Granting IFP Application. Mail was addressed to Mark Q. Henry 141-14-13353 Rikers Island-A.M.K.C 18-18 Hazen Street East Elmhurst, NY 11370. and was returned for the following reason(s): Return to Sender, insufficient address, unable to forward. (rro) [Transferred from New York Southern on 8/22/2018.] |
| Received returned mail re: #4 Order 60 Days Other (case opening),,,,. Mail was addressed to Mark Q. Henry at 141-14-13353 Rikers Island-A.M.K.C 18-18 Hazen Street East Elmhurst, NY 11370 and was returned for the following reason(s): Return to sender. (mhe) [Transferred from New York Southern on 8/22/2018.] |
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Filing 4
ORDER: The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Petitioner, and note service on the docket. Within 60 days of the date of this order, Petitioner must either: (1) withdraw the application; or (2) show cause why this application should not be transferred to the United States District Court for the Eastern District of New York. A declaration form is attached to this order. If Petitioner fails to comply with this order within the time allowed, the petition will be transferred to the United States District Court for the Eastern District of New York. No answer will be required at this time. Because Petitioner has not at this time made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Colleen McMahon on 5/16/2018) (mro) [Transferred from New York Southern on 8/22/2018.]
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| Mailed a copy of #4 Order 60 Days Other (case opening) to Mark Q. Henry 141-14-13353 Rikers Island-A.M.K.C 18-18 Hazen Street East Elmhurst, NY 11370. (mhe) [Transferred from New York Southern on 8/22/2018.] |
| NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (mro) [Transferred from New York Southern on 8/22/2018.] |
| Transmission to Docket Assistant Clerk. Transmitted re: #4 Order 60 Days Other (case opening), to the Docket Assistant Clerk for case processing. (mro) [Transferred from New York Southern on 8/22/2018.] |
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Filing 3
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Colleen McMahon on 5/11/2018) (sac) [Transferred from New York Southern on 8/22/2018.]
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| Transmission to Docket Assistant Clerk. Transmitted re: #3 Order Granting IFP Application, to the Docket Assistant Clerk for case processing. (sac) [Transferred from New York Southern on 8/22/2018.] |
| Mailed a copy of #3 Order Granting IFP Application to Mark Q. Henry 141-14-13353 Rikers Island-A.M.K.C 18-18 Hazen Street East Elmhurst, NY 11370. (mhe) [Transferred from New York Southern on 8/22/2018.] |
| Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Mark Q. Henry.(rdz) [Transferred from New York Southern on 8/22/2018.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Mark Q. Henry.(rdz) [Transferred from New York Southern on 8/22/2018.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 8/22/2018.] |
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