Chase v. Titus
| Randolph Chase |
| Superintendent Titus |
| 1:2021cv05133 |
| October 4, 2021 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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| Document Text |
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| Filing 6 CLERK'S JUDGMENT, that Petitioner's 28 U.S.C. 2241(c)(3) action is dismissed; that the Order to Show Cause dated October 12, 2021 (Dkt. 4), directing Respondent to show cause why the writ of habeas corpus shall not issue, is hereby vacated; that a certificate of appealability will not issue, See 28 U.S.C. 2253(c)(2); that under 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. 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 11/4/2021. (C/M with appeal packet to petitioner Randolph Chase, 11-A-4492 at: Orleans Correctional Facility, 3531 Gaines Basin Road, Albion, NY 14411). (Layne, Monique) |
Certificate of Appealability Denied re #1 Petition for Writ of Habeas Corpus. Ordered by Judge Pamela K. Chen on 11/3/2021. (Layne, Monique)
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Filing 5
ORDER: For the reasons stated in the attached Memorandum and Order, the Court dismisses the complaint. The #4 Order to Show Cause dated October 12, 2021 is hereby vacated. Because the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253(c)(2). Although Petitioner paid the filing fee to commence this action, 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully directed to enter judgment and terminate this case. Ordered by Judge Pamela K. Chen on 11/3/2021. (Mahkamova, Shirin)
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Filing 4
VACATED ORDER TO SHOW CAUSE: Petitioner has filed a #1 Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Respondent shall Show Cause before this Court why a Writ of Habeas Corpus should not be issued. Within thirty (30) days of the date of this Order, Respondent(s) shall serve and file a return. The Petitioner, within thirty (30) days of receipt of a copy of the return, shall file his reply, if any. Service of this Order to Show Cause shall be made by the Clerk of this Court by forwarding a copy of this Order, together with a copy of the #1 Petition, to the U.S. Attorney for the Eastern District of New York and by mailing a copy of this Order to the Petitioner. Ordered by Judge Pamela K. Chen on 10/12/2021. (Gonzalez, Fida) Modified on 11/4/2021 to reflect the OTSC is vacated pursuant to #5 Order.(Layne, Monique).
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| Filing 3 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 2 FILING FEE: $ 5, receipt number 4653160391 (Davis, Kimberly) |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Randolph Chase. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
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| Petitioner: Randolph Chase | |
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