Best v. New York City Police Department Sex Offender Unit
| Hillary Best |
| New York City Police Department Sex Offender Unit |
| 1:2020cv02382 |
| May 29, 2020 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| William F Kuntz |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 9, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 21
ORDER: Petitioner shall file a response to the Court's June 3, 2020 Order on or before Monday, August 24, 2020 at 5:00 P.M. Petitioner shall inform the United States Court of Appeals for the Second Circuit the judgment has been vacated. If Petitioner fails to respond to the Court's June 3, 2020 Order within the time allowed, judgment shall enter. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) 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, 44445 (1962). The Clerk of Court is directed to mail a copy of this Order to Hillary Best at his address of record and note the mailing on the docket. So Ordered by Judge William F. Kuntz, II on 7/24/2020. (Love, Alexis)
|
| Filing 22 Letter dated 7/12/2020 to Judge Kuntz from Hillary Best regarding the same concerns he has addressed in his most recent letters. (See letter for details) (Tavarez, Jennifer) Envelope addressed to Chief Judge Mauskopf. Modified on 7/24/2020 (Tavarez, Jennifer). |
| First Supplemental Electronic Index to Record on Appeal sent to US Court of Appeals. #20 Notice of Appeal, (McGee, Mary Ann) |
| Electronic Index to Record on Appeal sent to US Court of Appeals. #17 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 19 Duplicate Letter re: #14 , dated 7/12/2020 to Judge Kuntz from Hillary Best. (Tavarez, Jennifer) |
| Filing 20 NOTICE OF APPEAL as to #16 Clerk's Judgment,, #15 Order on Motion to Appoint Counsel, Order Dismissing Case, by Hillary Best. No fee paid. IFP denied. A Certificate of Appealability is also denied. Service done electronically. Please note that Appellant refers to Judge Garaufis and an Order of 8/15/19 with this case number. Order not found. (McGee, Mary Ann) |
| Filing 17 AMENDED NOTICE OF APPEAL as to #16 Clerk's Judgment,, #15 Order on Motion to Appoint Counsel,, Order Dismissing Case, by Hillary Best. No fee paid. In Forma Pauperis denied ("this appeal would not e taken in good faith") A Certificate of Appealability is also denied. Service done electronically. (McGee, Mary Ann) Modified on 7/22/2020 to reflect Amended Appeal. (McGee, Mary Ann). |
| Filing 16 CLERK'S JUDGMENT: ORDERED and ADJUDGED that the petition is dismissed; that Petitioner's request for the appointment of pro bono counsel is denied; that no certificate of appealability shall issue, See 28 U.S.C. 2253(c)(2); Lucidore v. New York State Div. of Parole , 209 F.3d 107, 11112 (2d Cir. 2000); that pursuant to 28 U.S.C. 1915(a)(3) appeal from this Order would not be taken in good faith; and that in forma pauperis status is denied for the purpose of an appeal, Coppedge v. United States, 369 U.S. 438, 44445 (1962). Ordered by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on 7/17/2020. (Tavarez, Jennifer) |
| Electronic Index to Record on Appeal sent to US Court of Appeals. #17 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 15
MEMORANDUM & ORDER: Accordingly, the Petition is dismissed for lack of jurisdiction because Petitioner was no longer "in custody" pursuant to the 2007 conviction or sentence at the time the Petition was filed on April 23, 2020. Dhinsa v. Krueger, 917 F.3d 70, 79 (2d Cir. 2019) ("We have characterized this statutory 'custody' requirement as 'jurisdictional,' and therefore mandatory and non-waivable.") (citing United States v. Rutigliano, 887 F.3d 98, 104 (2d Cir. 2018)). The Court has reviewed Petitioner's request for the appointment of pro bono counsel together with his Petition and, finding the appointment of counsel is not warranted, denies his request. Harnage v. Gerbing, 13-CV-4598 JS, 2013 WL 5775770, at *2 (E.D.N.Y. Oct. 25, 2013) (Seybert, J.) (citing Carmona v. U.S. Bureau of Prisons, 243 F.3d 629, 635 (2d Cir. 2001) ("[C]ounsel should not be appointed in a case where the merits of the indigent's claim are thin and his chances of prevailing are therefore poor."). The Clerk of Court is directed to mail a copy of this Order to Petitioner, pro se, at his address of record and note the mailing on the docket. As Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253(c)(2); Lucidore v. New York State Div. of Parole, 209 F.3d 107, 11112 (2d Cir. 2000). The Court certifies pursuant to 28 U.S.C. 1915(a)(3) 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, 44445 (1962). So Ordered by Judge William F. Kuntz, II on 7/15/2020. (Love, Alexis)
|
| Filing 14 Letter dated 7/12/2020 to Judge Kuntz from Hilary Best regarding placing the incorrect on his previous letters. Plaintiff reiterates having the case transferred to a different Judge, if Judge Kuntz is unable to address this matter expeditiously. (See letter for details) (Tavarez, Jennifer) |
| Filing 13 Duplicate Letter re: #12 , dated 7/9/2020 to Judge Kuntz from Hilary Best. (Tavarez, Jennifer) |
| Filing 12 Letter dated 7/16/2020 to Judge Kuntz from Hilary Best regarding dating their past two recent letters with the incorrect date due to his medication. Plaintiff is writing on the status of his motion to appoint counsel. Plaintiff requests a new Judge be assigned to this matter if Judge Kuntz is unable to address his case. (See letter for details) (Tavarez, Jennifer) |
| Filing 11 Letter dated 7/9/2020 to Judge Kuntz from Hilary Best requesting the time stamp of the drop box be repaired or replaced with a stamp that properly works. (See letter for details) (Tavarez, Jennifer) |
| Filing 10 MOTION for Extension of Time to File Response/Reply (Revised Motion) by Hillary Best. (Lee, Tiffeny) |
| Filing 9 MOTION for Extension of Time to File Response/Reply by Hillary Best. (Lee, Tiffeny) |
| Filing 8 Letter MOTION to Appoint Counsel by Hillary Best. (Tavarez, Jennifer) |
|
Filing 7
MEMORANDUM AND ORDER: Petitioner is hereby directed to show cause by written affirmation, within thirty days of entry of this Order, why the Petition should not be dismissed because he is no longer in custody pursuant to the conviction he seeks to challenge and/or because the Petition is time-barred. In the affirmation, Petitioner must inform the Court of the term of his imprisonment for the conviction he challenges. If the term of imprisonment has been completed, then he is no longer in custody and he cannot challenge the conviction. If Petitioner can show he is still "in custody" for this conviction, then he must set forth whether and when he appealed the 2007 conviction(s) and the dates of any decisions. He must present any facts which would support either statutory tolling or equitable tolling of the period of limitations (for example, facts to support that extraordinary circumstances prevented him from timely filing the petition and facts to show that he acted with reasonable diligence), if applicable. As set forth above, the sex offender registration requirement does not render him "in custody" for purposes of this habeas corpus petition. No response or answer shall be required at this time from Respondent and all further proceedings shall be stayed for thirty (30) days or until Petitioner has complied with this Order. If Petitioner fails to comply with this Order within the time allowed, the Petition shall be dismissed. If filed within thirty (30) days, Petitioner's affirmation shall be reviewed pursuant to Rule 4 of the Habeas Rules and 28 U.S.C. 2244(d). The Clerk of Court is directed to mail a copy of this Order to Petitioner, pro se, at the address provided by Petitioner and listed on the docket and note the mailing on the docket. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) 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, 44445 (1962). So Ordered by Judge William F. Kuntz, II on 6/3/2020. (Love, Alexis)
|
| Filing 6 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. (Davis, Kimberly) |
| Filing 5 Case transferred in from District of New York Southern; Case Number 1:20-cv-03218. Original file certified copy of transfer order and docket sheet received. |
| Mailed a copy of #3 Order to Hillary Best, P.O. Box 751072, Queens, NY 11375.(rdz) [Transferred from New York Southern on 5/29/2020.] |
| Mailed a copy of #3 Order, to Hillary Best P.O. Box 751072 Queens, NY 11375. (sbr) [Transferred from New York Southern on 5/29/2020.] |
| Filing 4 LETTER addressed to Judge Colleen McMahon from Hillary Best dated 5/11/2020 re: Please be advised that I am in receipt of a copy of your order dated April 23, 2020, ruling that I, the petitioner, submitted my petition for a writ of habeas corpus without the filing fee or an IFP application, which is incorrect, in that I did submit with my petition for habeas corpus a money order in the sum of $5.00 (see copy of same attached hereto). Document filed by Hillary Best.(ama) [Transferred from New York Southern on 5/29/2020.] |
|
Filing 3
TRANSFER ORDER: The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Eastern District of New York. This order closes the case in the Southern District of New York. Because Petitioner has not at this time made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue under 28 U.S.C. 2253.2 The Court certifies under 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 the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 44445 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Colleen McMahon on 5/21/20) (rdz) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 5/29/2020.]
|
| Transmission to Office of the Clerk of Court. Transmitted re: #3 Order,,,, to the Office of the Clerk of Court for processing..(rdz) [Transferred from New York Southern on 5/29/2020.] |
| Mailed a copy of #2 Order Directing Payment of Fee or IFP Application, Hillary Best, P.O. Box 751072, Queens, NY 11375.(rdz) [Transferred from New York Southern on 5/29/2020.] |
| Pro Se Payment of Fee Processed: Money Order processed by the Finance Department on 4/22/2020, Receipt Number 465401257739. (rw) [Transferred from New York Southern on 5/29/2020.] |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (ad) [Transferred from New York Southern on 5/29/2020.] |
|
Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Petitioner is directed to render payment of the $5.00 filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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 the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 5/26/2020. In Forma Pauperis (IFP) Application due by 5/26/2020. (Signed by Judge Colleen McMahon on 4/23/2020) (Attachments: #1 IFP Application) (keb) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 5/29/2020.]
|
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Hillary Best.(rdz) [Transferred from New York Southern on 5/29/2020.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 5/29/2020.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Best v. New York City Police Department Sex Offender Unit | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner: Hillary Best | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Respondent: New York City Police Department Sex Offender Unit | |
| Represented By: | QUEENS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
