Davy v. Commissioner of Mental Health
| Kevin Davy |
| Commissioner of Mental Health |
| 1:2019cv02074 |
| April 8, 2019 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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| Filing 11 CLERK'S JUDGMENT dated 5/29/19 that the petition is denied as unexhausted and subject to abstention under Younger; that the case is dismissed; that no certificate of appealability shall issue, See 28:2253(c)(2); that pursuant to 28:1915(a), that any appeal from this Order would not be taken in good faith; and that in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). ( Ordered by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on 5/29/2019 c/m w/appeals pkg. (Guzzi, Roseann) |
Filing 10
MEMORANDUM AND ORDER dated 5/28/19 that the petition is denied as unexhausted and subject to abstention under Younger and the case is dismissed. Since petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability shall not issue. See 28: 2253(c)(2). The Court certifies, pursuant to 28:1915(a), 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 any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). ( Ordered by Judge Brian M. Cogan on 5/28/2019 ) c/m *Forward for jgm. (Guzzi, Roseann)
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| Filing 9 Plaintiff's Letter dated May 13, 3019 addressed to Judge Cogan in response to #8 the May 4th filing by respondent filed by Kevin Davy. (Attachments: #1 Exhibit) (Love, Alexis) |
| Filing 8 Letter in Response to Court's April 12, 2019, Order, CORRECTED LETTER, by Commissioner of Mental Health (Cieprisz, Margaret) |
| Filing 7 Letter in Response to the Court's April 12, 2019 Order (Dkt. No. 3) by Commissioner of Mental Health (Cieprisz, Margaret) |
| Filing 6 MOTION for Leave to Electronically File Document under Seal by Commissioner of Mental Health. (Cieprisz, Margaret) |
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ORDER granting #6 Motion for Leave to Electronically File Document under Seal. The Court finds that sealing is essential to protecting privacy interests and is narrowly tailored to serve those interests. Ordered by Judge Brian M. Cogan on 5/2/2019. c/m (Weisberg, Peggy)
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ORDER granting #5 . Respondent's response to the Court's Order to Show Cause due by 5/3/2019. Petitioner may respond to respondent's submission within 14 days or such other extended period as the Court may order on motion. Ordered by Judge Brian M. Cogan on 4/24/2019. C/M (Weisberg, Peggy)
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| Filing 5 First MOTION for Extension of Time to File Response/Reply as to #3 Order to Show Cause,, by Commissioner of Mental Health. (Cieprisz, Margaret) |
| Filing 4 NOTICE of Appearance by Margaret Ann Cieprisz on behalf of Kevin Davy (aty to be noticed) (Cieprisz, Margaret) |
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Filing 3
ORDER TO SHOW CAUSE dated 4/12/19 that the Court requires a short letter from the respondents attorney (whether the D.A. or the A.G.), with any necessary exhibits annexed, sufficient to explain the current procedural posture of this case re #1 Petition for Writ of Habeas Corpus filed by Kevin Davy. The Court would appreciate a response from respondent within 14 days if possible but will grant a short adjournment if necessary. Petitioner may respond to the District Attorneys submission within 14 days or such other extended period as the Court may order on motion. ( Ordered by Judge Brian M. Cogan on 4/12/2019 ) c/m to petitioner. (Guzzi, Roseann)
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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 Kevin Davy. (Attachments: #1 Civil Cover Sheet) (Williams, Erica) |
| FILING FEE: $ 5.00, receipt number 4653138879 (Williams, Erica) |
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| Respondent: Commissioner of Mental Health | |
| Represented By: | Margaret Ann Cieprisz |
| Represented By: | QUEENS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
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| Petitioner: Kevin Davy | |
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