Hayon v. Smith
| Joseph Hayon |
| Brandon Smith |
| 1:2019cv05545 |
| September 30, 2019 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Pamela K Chen |
| LaShann DeArcy Hall |
| 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 6 NOTICE of Change of Address filed by Joseph Hayon. (Docket Sheet Updated) (Galeano, Sonia) |
| Filing 5 Letter MOTION to Amend Judgment Pursuant to Rule 52(b) filed by Joseph Hayon. (Love, Alexis) |
| Filing 4 CLERK'S JUDGMENT: A Memorandum and Order of the Honorable Pamela K. Chen, United States District Judge, having been filed on October 8, 2019, dismissing the petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 without prejudice; denying the issuance of a certificate of appealability, 28 U.S.C. 2253(c)(2); certifying pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith; and denying in forma pauperis status for the purpose of any appeal, Coppedge v. United States, 369 U.S. 438, 44445 (1962); it is ORDERED and ADJUDGED that the petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 is dismissed without prejudice; that no certificate of appealability shall issue, 28 U.S.C. 2253(c)(2); that pursuant to 28 U.S.C. 1915(a)(3), 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, Coppedge v. United States, 369 U.S. 438, 44445 (1962). Signed by Douglas C. Palmer, Clerk of Court by Jalitza Poveda, Deputy Clerk on 10/9/2019. (Love, Alexis) |
Filing 3
ORDER: For the reasons set forth in the attached Memorandum and Order, the petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 is dismissed without prejudice. Petitioner is denied a certificate of appealability, as he has failed to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c)(2); see Middleton v. Att'ys Gen., 396 F.3d 207, 209 (2d Cir. 2005) (denying certificate of appealability where petitioner has not shown that "reasonable jurists could debate whether the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further" (quotations and ellipsis omitted)). Additionally, 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 purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully requested to enter judgment and close this case accordingly. Ordered by Judge Pamela K. Chen on 10/8/2019. (Shi, Yi Qing)
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| Case Reassigned to Judge Pamela K. Chen . Judge LaShann DeArcy Hall, Magistrate Judge Lois Bloom 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. (Lee, Tiffeny) |
| 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. (Bowens, Priscilla) |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Joseph Hayon. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
| FILING FEE: $ 5, receipt number 4653144144 (Bowens, Priscilla) |
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