Upson v. Capra
| Shaquille Upson |
| Michael Capra |
| 1:2022cv01705 |
| March 28, 2022 |
| 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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| Document Text |
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| Filing 5 RESPONSE TO ORDER TO SHOW CAUSE by Michael Capra (Attachments: #1 Appendix Trial Transcripts, #2 Defendant's Appellate Division Brief, #3 People's Appellate Division Brief, #4 Defendant's Leave Application, #5 People's Opposition to Leave Application) (Pavlides, Denise) |
ORDER: The District Attorney of Kings County, as attorney for Respondent, shall show cause before this Court, by the filing of a return to the petition, why a writ of habeas corpus should not be issued: (1) within sixty (60) days of receipt of this Order to Show Cause, Respondent shall serve a copy of the return on Petitioner herein and file the original thereof with the Court, together with proof of service; (2) Petitioner, within twenty-one (21) days of receipt of a copy of the return, shall file his or her reply, if any, with the Court; and (3) service of a copy of this Order to Show Cause shall be made by the Clerk of this Court by electronic mail to the District Attorney of Kings County. Petitioner's motion to proceed in forma pauperis is granted. Ordered by Judge Pamela K. Chen on 3/29/2022. (Mahkamova, Shirin)
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| Filing 4 Case transferred in from District of New York Southern; Case Number 1:22-cv-02240. Original file certified copy of transfer order and docket sheet received. |
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Filing 3
TRANSFER ORDER: The Clerk of Court is 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 this 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). The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/21/22) (rdz) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 3/28/2022.]
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| Mailed a copy of #3 Order to Shaquille Upson, 16-A-1793 at Sing Sing Correctional Facility, 354 Hunter Street, Ossining, NY 10562. (kh) [Transferred from New York Southern on 3/28/2022.] |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (aea) [Transferred from New York Southern on 3/28/2022.] |
| MOTION for Leave to Proceed in forma pauperis See document #1 by Shaquille Upson. (Davis, Kimberly) |
| Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Shaquille Upson..(rdz) [Transferred from New York Southern on 3/28/2022.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Shaquille Upson..(rdz) [Transferred from New York Southern on 3/28/2022.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 3/28/2022.] |
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| Petitioner: Shaquille Upson | |
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| Respondent: Michael Capra | |
| Represented By: | KINGS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Represented By: | Denise Pavlides |
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