Inesti v. People of the State of NY
| Mark Inesti |
| People of the State of N.Y. |
| 1:2020cv02469 |
| June 3, 2020 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| William F Kuntz |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 29, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
ORDER denying #7 Motion to Appoint Counsel. So Ordered by Judge William F. Kuntz, II on 6/29/2020. (Stykes, Jacqueline)
|
| Filing 7 MOTION to Appoint Counsel by Mark Inesti. (Tavarez, Jennifer) |
| Filing 6 CLERK'S JUDGMENT: ORDERED and ADJUDGED that the instant action is dismissed without prejudice to the pending action filed in Inesti v. People of the State of N.Y., 20-CV-1753 (WFK); 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 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 6/11/2020. (Tavarez, Jennifer) |
|
Filing 5
MEMORANDUM AND ORDER: Petitioner Mark Inesti, currently incarcerated at Clinton Correctional Facility, filed this pro se action for a writ of habeas corpus under 28 U.S.C. 2254 in the United States District Court for the Southern District of New York, which was subsequently transferred to this Court by Order dated May 27, 2020. ECF No. #2 . Petitioner challenges the constitutionality of his 1996 conviction in the New York Supreme Court, Kings County, and is a duplicate of a pending section 2254 action Petitioner previously filed in this Court on April 7, 2020. See Inesti v. People of the State of N.Y., 20-CV-1753 (WFK). The instant action raises no new allegations and no useful purpose would be served by the litigation of this duplicative case. Accordingly, the instant action is dismissed without prejudice to the pending action filed in Inesti v. People of the State of N.Y., 20-CV-1753 (WFK). Curtis v. Citibank, N.A., 226 F.3d 133, 138 (2d Cir. 2000) ("As part of its general power to administer its docket, a district court may stay or dismiss a suit that is duplicative of another federal court suit."). A certificate of appealability shall not issue. 28 U.S.C. 2253(c)(2). 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 the purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). So Ordered by Judge William F. Kuntz, II on 6/10/2020. (Love, Alexis)
|
| Filing 4 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 3 Case transferred in from District of New York Southern; Case Number 1:20-cv-03988. Original file certified copy of transfer order and docket sheet received. |
| 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 6/3/2020.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York. (sac) [Transferred from New York Southern on 6/3/2020.] |
|
Filing 2
TRANSFER ORDER: Petitioner, currently incarcerated at Clinton Correctional Facility, brings this pro se petition for a writ of habeas corpus under 28 U.S.C. 2254 challenging the constitutionality of his 1996 conviction in the New York Supreme Court, Kings County. Because Petitioner challenges a conviction and sentence from Kings County, which is located in the Eastern District of New York, this action is transferred under Local Rule 83.3 to the United States District Court for the Eastern District of New York. 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.Whether Petitioner should be permitted to proceed further without payment of fees is a determination to be made by the transferee court. This order closes the case in this Court. 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. 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). (Signed by Judge Colleen McMahon on 5/27/2020) (sac) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 6/3/2020.]
|
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Mark Inesti.(rdz) Modified on 5/27/2020 (sac). [Transferred from New York Southern on 6/3/2020.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 6/3/2020.] |
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: Inesti v. People of the State of NY | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner: Mark Inesti | |
| 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: People of the State of N.Y. | |
| 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.
