Williams v. Hilton et al
| Ronald Williams |
| Dep. Hilton, D. Vennetozzi and M. Passage |
| 1:2023cv08955 |
| December 6, 2023 |
| 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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| Filing 7 CLERK'S JUDGMENT: That the petition for a writ of habeas corpus is dismissed without prejudice; that a certificate of appealability shall not issue, 28 U.S.C. 2253; Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); that pursuant to 28 U.S.C. 1915(a), any appeal would not be taken in good faith; and that in forma pauperis status is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 44445 (1962). Signed by Brenna B. Mahoney, Clerk of Court by Jalitza Poveda, Deputy Clerk on 1/25/2024. C/M w-appeal packet as to petitioner Ronald Williams. (MLR) |
Certificate of Appealability Denied re #1 Petition for Writ of Habeas Corpus. Ordered by Judge Pamela K. Chen on 1/25/2024. (MLR)
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Filing 6
ORDER: For the reasons set forth in the attached Memorandum and Order, the Court grants Petitioner's #5 IFP application, but dismisses the #1 petition for a writ of habeas corpus without prejudice. A certificate of appealability shall not issue because Petitioner does not make a substantial showing of the denial of constitutional right. 28 U.S.C. 2253; Miller-El v. Cockrell, 537 U.S. 322, 336 (2003). The Court certifies pursuant to 28 U.S.C. 1915(a) that any appeal would not be taken in good faith and, therefore, in forma pauperis status is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to enter judgment and close this case. Ordered by Judge Pamela K. Chen on 1/24/2024. (HMM)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis (dkt. entry (4) attached). (Address updated) by Ronald Williams. (MLR) |
| Filing 4 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. C/M by pro se writ clerk on 12/18/23. (MLR) (Main Document 4 replaced on 12/19/2023) (MLR). |
| Filing 3 Case transferred in from District of New York Southern; Case Number 1:23-cv-10320. Original file certified copy of transfer order and docket sheet received. |
| MAILING RECEIPT: Document No: 2. Mailed to: Ronald Williams DIN:23R0092 Mid-State Correctional Facility P.O. Box 2500 2F22 Marcy, NY 13403-0216. (sha) [Transferred from New York Southern on 12/6/2023.] |
| 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.(tg) [Transferred from New York Southern on 12/6/2023.] |
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Filing 2
TRANSFER ORDER: Petitioner, currently incarcerated at Mid-State Correctional Facility, brings this pro se petition for a writ of habeas corpus under 28 U.S.C. 2254 challenging the constitutionality of his 2023 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, this action is transferred under Local Rule 83.3 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. The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern District of New York. This order closes this case. 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 Chief Judge Laura Taylor Swain on 11/28/2023) (tg) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 12/6/2023.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) [Transferred from New York Southern on 12/6/2023.] |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Ronald Williams. (sac) [Transferred from New York Southern on 12/6/2023.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 12/6/2023.] |
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