Wheelings v. Capra
| Nathan Wheelings |
| Eastern District and Michael Capra |
| 1:2022cv05769 |
| September 23, 2022 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| 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 October 28, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 JUDGMENT dated 10/27/22 that the petition is denied; that the case is dismissed; that no certificate of appealability shall issue; and that in forma pauperis status for appeal is denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). ( Ordered by Jalitza Poveda, Deputy Clerk on behalf of Brenna B. Mahoney Clerk of Court on 10/27/2022 ) c/m w/appeals pkg. (RG) |
Filing 8
ORDER dated 10/25/22 that the petition is denied and the case is dismissed. No certificate of appealability will issue as the petition presents no substantial issue of constitutional law. The Court denies in forma pauperis status for purposes of appeal as an appeal would not be taken in good faith. Ordered by Judge Brian M. Cogan on 10/25/2022 ) c/m *forwarded for jgm. (RG)
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| Filing 7 Letter dated Oct. 2022 from Nathan Wheelings, pro se inquiring about clemency. (RG) |
| Filing 6 STATE COURT RECORD Received (Attachments: #1 Exhibit Defendant's Appellate Division Brief, #2 Exhibit People's Appellate Division Brief, #3 Exhibit Defendant's COA Leave Application, #4 Exhibit People's Opposition to COA Leave Application, #5 Exhibit Trial Transcript - Part 1, #6 Exhibit Trial Transcript - Part 2, #7 Exhibit Trial Transcript - Part 3, #8 Exhibit Trial Transcript - Part 4, #9 Exhibit Trial Transcript - Part 5, #10 Exhibit Trial Transcript - Part 6, #11 Exhibit Sentencing Transcript) (Dennehy, Morgan) |
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Filing 5
ORDER TO SHOW CAUSE dated 10/7/22 that Petitioner is ORDERED TO SHOW CAUSE by October 30, 2022, why his petition should not be dismissed as time barred. Should petitioner fail to respond to this Order to Show Cause, the case will be dismissed as time barred. Granting Petitioner's #4 MOTION for Leave to Proceed in forma pauperis filed by Nathan Wheelings. ( Ordered by Judge Brian M. Cogan on 10/7/2022 ) c/m (RG)
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| Filing 4 MOTION for Leave to Proceed in forma pauperis by Nathan Wheelings. (RG) |
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Filing 3
SCHEDULING ORDER: re #1 Petition for Writ of Habeas Corpus filed by Nathan Wheelings. ( Ordered by Judge Brian M. Cogan on 9/30/2022 ) c/m (Guzzi, Roseann)
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| Filing 2 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. Document mailed. (Bowens, Priscilla) |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Nathan Wheelings. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
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