McGuire v. Inch et al
| Tommy R. McGuire |
| Secretary Mark S. Inch, State of Florida, Attorney General Ashley Moody and Florida Department of Corrections |
| 1:2019cv05653 |
| September 30, 2019 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Pamela K Chen |
| 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 November 5, 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. #6 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 6 NOTICE OF APPEAL as to #4 Order Dismissing Case, #5 Clerk's Judgment,, by Tommy R. McGuire. No fee paid. In Forma Pauperis denied for purposes of appeal. A Certificate of Appealability is also denied. (McGee, Mary Ann) |
| Filing 5 CLERK'S JUDGMENT that this action is dismissed; that no certificate of appealability shall issue, See 28 U.S.C. 2253(c)(2); Middleton v. Att'ys Gen., 396 F.3d 207, 209 (2d Cir. 2005); that pursuant to 28 U.S.C. 1915(a)(3) that any appeal 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, 44445 (1962). Signed Douglas C. Palmer, Clerk of Court by Jalitza Poveda, Deputy Clerk on 10/28/2019. (c/m with appeals packet to: Tommy R. McGuire, DC# 542512, Dorm B-1, Suwannee Correctional Institution-Work Camp, 5964 U.S. Hwy 90, Live Oak, FL 32060) (Lee, Tiffeny) |
| Civil Case Terminated. (Lee, Tiffeny) |
Filing 4
MEMORANDUM AND ORDER: For the reasons stated in the attached Memorandum and Order, this action is dismissed. A certificate of appealability shall not issue, as Petitioner has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. 2253(c)(2); 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" (internal quotation marks and ellipsis omitted)). 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 purposes 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. Ordered by Judge Pamela K. Chen on 10/25/2019. (Shi, Yi Qing) Modified on 10/25/2019 to include "MEMORANDUM AND ORDER". (Abdallah, Fida)
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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. (Bowens, Priscilla) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Tommy R. McGuire. (Bowens, Priscilla) |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Tommy R. McGuire. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) (Main Document 1 replaced on 10/8/2019) (Bowens, Priscilla). |
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