Hernandez v. Eckert
| Jose Hernandez |
| S. Eckert |
| 1:2019cv01612 |
| March 18, 2019 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| 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 |
|---|
| Filing 5 MANDATE of USCA as to #4 Order Transferring Case (Successive Petition). Petitioner moves for leave to file a successive 28 U.S.C. 2254 petition, appointment of counsel, and in forma pauperis status. It is ORDERED that the motions are DENIED because Petitioner has not made a prima facie showing that the requirements of 28 U.S.C. 2244(b) are satisfied. See document for further details. Issued as Mandate: 7/12/19. USCA #19-808. (McGee, Mary Ann) |
Filing 4
ORDER: in the interest of justice, the Clerk of Court is respectfully directed to transfer this petition to the United States Court of Appeals for the Second Circuit pursuant to 28 U.S.C. 1631. Torres, 316 F.3d at 151-52(citing Liriano v. United States, 95 F.3d 119 (2d Cir. 1996) (per curiam)). This Order closes this case. If the Circuit authorizes the petitioner to proceed in this matter, he must move to reopen the case under this docket number Ordered by Judge Ann M Donnelly on 3/28/2019. (Marziliano, August)
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| Appeal Record Sent to USCA Successive Habeas Petition sent to US Court of Appeals #2 Motion for Leave to Proceed in forma pauperis, #4 Order Transferring Case (Successive Petition), #3 Clerks Notice of Rule 73, #1 Petition for Writ of Habeas Corpus (McGee, Mary Ann) |
| Filing 3 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 2 MOTION for Leave to Proceed in forma pauperis by Jose Hernandez. (Williams, Erica) |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Jose Hernandez. (Attachments: #1 Civil Cover Sheet) (Williams, Erica) |
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| Respondent: S. Eckert | |
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| Petitioner: Jose Hernandez | |
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