Fearon v. Montagari
| Sinai Fearon |
| A. Montagari |
| 1:2023cv02762 |
| April 11, 2023 |
| 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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| Document Text |
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Filing 5
ORDER TO SHOW CAUSE that by May 25, 2023, petitioner show cause as to why her petition should not be dismissed for failure to exhaust her claims. ( Ordered by Judge Brian M. Cogan on 4/25/2023 ) c/m (RG)
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| Filing 4 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. (KD) |
| Case Assigned to Judge Brian M. Cogan. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KD) |
| Filing 3 Case transferred in from District of New York Southern; Case Number 1:23-cv-02557. Original file certified copy of transfer order and docket sheet received. |
| MAILING RECEIPT: Document No: 2. Mailed to: Sinai Fearon 23-R-0028 Mohawk Correctional Facility 6514 Rt. 26 Rome, NY 13442. (kh) [Transferred from New York Southern on 4/12/2023.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(rdz) [Transferred from New York Southern on 4/12/2023.] |
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Filing 2
TRANSFER ORDER: Petitioner Sinai Fearon, currently incarcerated in the Mohawk Correctional Facility, filed this pro se petition for a writ of habeas corpus under 28 U.S.C. 2254, challenging his conviction in the New York Supreme Court, Queens County. Because Petitioner was convicted and sentenced in Queens County, which is located in the Eastern District of New York, see 28 U.S.C. 112(c), the Court transfers this action, under Local Civil Rule 83.3, to the United States District Court for the Eastern District of New York.The Court directs the Clerk of Court 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 action 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, 444-45 (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 4/4/23) (rdz) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 4/12/2023.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sgz) [Transferred from New York Southern on 4/12/2023.] |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Sinai Fearon..(rdz) [Transferred from New York Southern on 4/12/2023.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 4/12/2023.] |
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| Petitioner: Sinai Fearon | |
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| Respondent: A. Montagari | |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Represented By: | QUEENS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
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