Bowers v. Smith
| Michael Bowers |
| Brandon Smith |
| 1:2019cv05683 |
| October 7, 2019 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| 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 December 3, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 5
ORDER DISMISSING CASE dated 12/3/19 that the petition is hereby dismissed for failure to exhaust. No certificate of appealability shall issue as the petition presents no substantial constitutional questions. See 28:2253(c). The Court certifies pursuant to 28:1915(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). ( Ordered by Judge Brian M. Cogan on 12/3/2019 ) *Forwarded for jgm. (Guzzi, Roseann)
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| Filing 4 CONSENT to Jurisdiction by US Magistrate Judge 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. *Signed by plaintiff ONLY. (Guzzi, Roseann) |
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Filing 3
MEMORANDUM DECISION AND ORDER dated 10/15/19 that Petitioner is hereby directed to show cause by written affirmation, within twenty (20) days of this Memorandum Decision and Order, why the petition should not be dismissed as premature. If Petitioner fails to comply with this Order within the time allowed, the petition shall be dismissed without prejudice. If filed within twenty days, petitioner's affirmation shall be reviewed pursuant to Rule 4 of the Habeas Rules and 28:2244(d). Petitioner is also directed to file an amended petition that sets forth the ground(s) for his habeas petition within twenty (20) days of this Order. Respondent need not answer or respond at this time, and all further proceedings shall be stayed for twenty (20) days or until Petitioner has complied with this Order. The Court certifies pursuant to 28:1915(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) ( Ordered by Judge Brian M. Cogan on 10/15/2019 ) c/m to petitioner w/form as indicated. (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. (Bowens, Priscilla) |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Michael Bowers. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
| FILING FEE: $ 5.00, receipt number 4653144384 (Bowens, Priscilla) |
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| Petitioner: Michael Bowers | |
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| Respondent: Brandon Smith | |
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