Soto v. Warden, NYC Department Corrections
| Alexander Anthony Soto |
| Warden, NYC Department Corrections |
| 1:2021cv04068 |
| July 16, 2021 |
| US District Court for the Eastern District of New York |
| 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 August 29, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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ORDER: The Court has received Petitioner's #6 affidavit showing service of his petition for habeas corpus on the Queens District Attorney's Office on 8/7/2021. By #4 Memorandum and Order dated 8/10/2021, the Court dismissed the petition without prejudice, and accordingly, service of the petition is moot. This case remains closed. Ordered by Judge Pamela K. Chen on 8/29/2021. (Nguyen, Andrew)
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| Filing 6 AFFIDAVIT of Service re: Petition for a Writ of Habeas Corpus served upon Queens District Attorney's Office on 8/7/2021; filed by pro se Alexander Anthony Soto. (Latka-Mucha, Wieslawa) |
| Filing 5 CLERK'S JUDGMENT, that the Petition, which seeks a writ of habeas corpus under 28 U.S.C. 2241 and 2254, is dismissed without prejudice; that no certificate of appealability shall issue, See 28 U.S.C. 2253(c); Miller El v. Cockrell, 537 U.S. 322, 336 (2003) (quoting Slack v. McDaniel, 529 U.S. 473, 484 (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 any appeal, See Coppedge v. United States, 369 U.S. 438, 44445 (1962). Signed by Douglas C. Palmer, Clerk of Court By J. Poveda, Deputy Clerk on 8/11/2021. (C/M w/appeal packet as to pro se petitioner Alexander Soto at the address listed on the docket sheet). (Layne, Monique) |
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Certificate of Appealability Denied re #1 Petition for Writ of Habeas Corpus. Ordered by Judge Pamela K. Chen on 8/10/2021. (Layne, Monique)
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Filing 4
ORDER: For the reasons discussed in the attached Memorandum & Order, the #1 Petition, which seeks a writ of habeas corpus under 28 U.S.C. 2241 and 2254, is dismissed without prejudice. A certificate of appealability shall not issue because the Petition does not make a substantial showing of the denial of a constitutional right, such that reasonable jurists could debate that the Petition "should have been resolved in a different manner" or that there are issues "adequate to deserve encouragement to proceed further." See 28 U.S.C. 2253(c); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003) (quoting Slack v. McDaniel, 529 U.S. 473, 484 (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 the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to enter judgment and close this case accordingly. Ordered by Judge Pamela K. Chen on 8/10/2021. (Nguyen, Andrew)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Alexander Anthony Soto. (Lee, Tiffeny) |
| Filing 2 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. Mailed out on 7/20/2021 (Davis, Kimberly) Modified on 8/4/2021 (Davis, Kimberly). |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Alexander Anthony Soto. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
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| Petitioner: Alexander Anthony Soto | |
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| Respondent: Warden, NYC Department Corrections | |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Represented By: | QUEENS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
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