Cooper v. Warden of Robert N. Daxeron
| Carl Cooper |
| Warden of Robert N. Daxeron |
| 1:2019cv02297 |
| April 16, 2019 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| 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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This docket was last retrieved on June 12, 2019. A more recent docket listing may be available from PACER.
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| Electronic Index to Record on Appeal sent to US Court of Appeals. #11 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann) |
| Filing 11 NOTICE OF APPEAL as to #9 Order on Motion for Leave to Proceed in forma pauperis, #10 Clerk's Judgment, by Carl Cooper. No fee paid. IFP denied for purposes of appeal. A Certificate of Appealability is also denied. Please note that although timely, Appellant includes a request for an extension of time to file appeal. (Attachments: #1 Notice of Appeal and Request for Extension of Time to File Appeal l( Joint Form)) (McGee, Mary Ann) |
| Filing 10 CLERK'S JUDGMENT that the petition for a writ of habeas corpus is dismissed without prejudice; that no certificate of appealability shall issue, See 28 U.S.C. 2253(c)(2); that pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, Coppedge v. United States, 369 U.S. 438, 444-45 (1962); and that the Warden is directed not to deduct the $350.00 filing fee from the petitioner's trust account. Signed Douglas C. Palmer, Clerk of Court by Jalitza Poveda, Deputy Clerk on 5/31/2019. (c/m to pro se with appeals packet) (Lee, Tiffeny) |
Filing 9
Order: The petition for a writ of habeas corpus is dismissed without prejudice, because the petitioner has not exhausted his claims in state court. Acertificate of appealability will not issue as the petitioner has not made a substantial showing of the denial of a constitutional right. I certify pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith. The Clerk of Court is respectfully directed to notify the Warden not to deduct the $350.00 filing fee from the petitioner's trust account. The Court's May 17, 2019 letter requesting the deduction was sent in error. (ECF No. 7.) Ordered by Judge Ann M. Donnelly on 5/29/2019. (Greene, Donna)
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| Filing 8 Letter dtd. 5/23/2019 from Carl Cooper to Chief Deputy of the U.S. District Court, B. Mahoney, "advising he did file and has returned his response and application, on May 19, 2019 to the Courthouse placing it in Watertown C.F.'s mailroom." (Layne, Monique) |
| Filing 7 Letter to the Warden dated 5/17/19 Pursuant to 28 U.S.C. 1915 (as amended July 26, 1996), plaintiff is proceeding in forma pauperis and must pay the total $350 fee by monthly installments deducted from plaintiff's prison trust fund account (or institutional equivalent). (Prisoner Authorization attached). (Copy of Warden Letter mailed out). (Herrera, Isaiah) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis signed and filed by Carl Cooper. (Prisoner Authorization attached). (Herrera, Isaiah) |
| Filing 5 Mail Returned as Undeliverable, "Return to Sender, In Dispute, Unable to Forward." Notice of Deficiency Filing dated 4/19/19, Application for IFP, Notice re: Rule 73 and Notice, Consent, and Reference of a Civil Action to a Magistrate Judge previously sent to Carl Cooper at RNDC-Rikers Island. (Galeano, Sonia) |
| Filing 4 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. (Copy mailed to Pro-se party at address listed) (Herrera, Isaiah) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Ann M Donnelly for all further proceedings. Judge Eric N. Vitaliano no longer assigned to 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.. Ordered by Chief Judge Dora Lizette Irizarry on 4/23/2019. (Bowens, Priscilla)
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| 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 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. (Williams, Erica) |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Carl Cooper. (Attachments: #1 Civil Cover Sheet) (Williams, Erica) |
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