Harnett v. Russel
| Kelly Harnett |
| Eileen Russel |
| 1:2022cv00589 |
| February 1, 2022 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| 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 November 29, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 5 Case transferred in from District of New York Southern; Case Number 1:22-cv-00610. Original file certified copy of transfer order and docket sheet received. |
| Mailed a copy of #4 Order, to Kelly Harnett, Reg. 1560274 at Bedford Hills Correctional Facility, 247 Harris Rd., Bedford Hills, NY 10507-2400. (dsh) [Transferred from New York Southern on 2/1/2022.] |
Filing 4
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. 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 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. 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 Laura Taylor Swain on 1/24/22) (rdz) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 2/1/2022.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(bcu) [Transferred from New York Southern on 2/1/2022.] |
| MOTION for Leave to Proceed in forma pauperis (See Document No. #1 ) by Kelly Harnett. (Neptune, Pierre) |
| Filing 3 APPLICATION to Appoint Counsel pursuant to 18 U.S.C. 3006(A)(g) (Habeas Corpus Petition). Document filed by Kelly Harnett. (sac) [Transferred from New York Southern on 2/1/2022.] |
| Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Kelly Harnett. (sac) [Transferred from New York Southern on 2/1/2022.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Kelly Harnett. (sac) [Transferred from New York Southern on 2/1/2022.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 2/1/2022.] |
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| Petitioner: Kelly Harnett | |
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| Respondent: Eileen Russel | |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Represented By: | QUEENS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
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