Wingate v. State of New York
| Blake Wingate |
| State Of New York |
| 1:2020cv03547 |
| August 6, 2020 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| 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 September 22, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Electronic Index to Record on Appeal sent to US Court of Appeals. #8 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 8 NOTICE OF APPEAL as to #7 Clerk's Judgment,, #6 Order on Motion for Leave to Proceed in forma pauperis, by Blake Wingate. No fee paid. In Forma Pauperis denied for purposes of appeal. A Certificate for Appealability is also denied. Service done electronically. Please note that although timely, Appellant includes a request for an extension of time to file appeal. (Attachments: #1 Request for an Extension of Time, #2 Verification) (McGee, Mary Ann) |
| Filing 7 CLERK'S JUDGMENT that the petition for a writ of habeas corpus is denied without prejudice; that no certificate of appealability shall issue, See 28 U.S.C. 2253(c)(2); Lucidore v. N.Y. State Div. of Parole, 209 F.3d 107, 112-13 (2d Cir. 2000); that pursuant to 28 U.S.C. 1915(a), any appeal would not be taken in good faith; and that in forma pauperis status is denied for the purpose of an appeal, See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Signed by Clerk of Court, Douglas C. Palmer, and by Deputy Clerk, Jalitza Poveda, on 8/24/2020. (Copy of judgment and Appeals Packet mailed to Pro Se). (Herrera, Isaiah) |
Filing 6
MEMORANDUM AND ORDER. The petition for a writ of habeas corpus is dismissed without prejudice. A certificate of appealability will not be issued because the petitioner has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. 2253(c)(2); Lucidore v. N.Y. State Div. of Parole, 209 F.3d 107, 112-13 (2d Cir. 2000). The Court certifies pursuant to 28 U.S.C. 1915(a) that any appeal would not be taken in good faith, and in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully directed to close this case Ordered by Judge Ann M Donnelly on 8/21/2020. (Greene, Donna)
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| Filing 5 Letter from Blake Wingate to Clerk of Court dated 8/13/2020 requesting full copy of the AEDPA Habeas. (Herrera, Isaiah) |
| Filing 4 Case transferred in from District of New York Northern; Case Number 9:20-cv-00873. Original file certified copy of transfer order and docket sheet received. |
| Filing 3 DECISION AND ORDER: ORDERED that this action is transferred to the United States District Court for the Eastern District of New York. Signed by U.S. District Judge Mae A. D'Agostino on 8/5/2020. {order served via regular mail on petitioner}(nas, ) [Transferred from New York Northern on 8/6/2020.] |
| MOTION for Leave to Proceed in forma pauperis SEE ENTRY #2 by Blake Wingate. (Bowens, Priscilla) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Blake Wingate.(nas, ) [Transferred from New York Northern on 8/6/2020.] |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Blake Wingate. (Attachments: #1 Exhibit(s), #2 envelope)(nas) [Transferred from New York Northern on 8/6/2020.] |
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| Petitioner: Blake Wingate | |
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| Respondent: State Of New York | |
| Represented By: | QUEENS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
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