Brown v. Lee

Brown v. Lee

Petitioner:	Donald T. Brown, Jr.
Respondent:	William Lee
Case Number:	2:2014cv05354
Filed:	September 8, 2014
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Sandra J. Feuerstein
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
September 25, 2017	Filing 14 OPINION & ORDER: SO ORDERED that Brown's Petition is denied. Because it is clear from the record that Brown is not entitled to the relief provided for in 28 U.S.C. § 2254, the Court will not hold an evidentiary hearing on his motion. The Co urt declines to issue a certificate of appealability because Brown has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any a ppeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 920 (1962). The Clerk of the Court is directed to serve notice of entry of this Order upon Brown in accordance with Rule 5(b) of the Federal Rules of Civil Procedure and to close this case. Ordered by Judge Sandra J. Feuerstein on 9/25/2017. (CM to pro se petitioner) (Florio, Lisa) Modified docket text on 9/25/2017 (Florio, Lisa).
September 24, 2014	Filing 3 ORDER TO SHOW CAUSE re 1 Petition for Writ of Habeas Corpus filed by Donald T. Brown, Jr. SO ORDERED that petitioner is granted leave to proceed in forma pauperis. IT IS FURTHER ORDERED that within sixty (60) days of receipt of this order, the A ttorney General of the State of New York or, the District Attorney of SUFFOLK County, as attorney for respondents, shall (a) show cause before this Court, by filing a return to the petition, why a writ of habeas corpus should not be issued, and (b) s erve a copy of the return upon petitioner herein and file proof of such service with the Clerk of this Court. The Clerk of the Court shall (a) serve a copy of this Order to Show Cause, together with a copy of the petition, upon the Attorney General o f the State of New York, 300 Motor Parkway, Hauppauge, NY, 11788, and the District Attorney of SUFFOLK County by electronic service (ECF), and (b) serve notice of entry of this Order to Show Cause upon petitioner pursuant to Rule 77(d)(l) of the Federal Rules of Civil Procedure. CM to pro se petitioner. Ordered by Judge Sandra J. Feuerstein on 9/24/2014. (Florio, Lisa)

Date Filed

Document Text

September 25, 2017

Filing 14 OPINION & ORDER: SO ORDERED that Brown's Petition is denied. Because it is clear from the record that Brown is not entitled to the relief provided for in 28 U.S.C. § 2254, the Court will not hold an evidentiary hearing on his motion. The Co urt declines to issue a certificate of appealability because Brown has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any a ppeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 920 (1962). The Clerk of the Court is directed to serve notice of entry of this Order upon Brown in accordance with Rule 5(b) of the Federal Rules of Civil Procedure and to close this case. Ordered by Judge Sandra J. Feuerstein on 9/25/2017. (CM to pro se petitioner) (Florio, Lisa) Modified docket text on 9/25/2017 (Florio, Lisa).

September 24, 2014

Filing 3 ORDER TO SHOW CAUSE re 1 Petition for Writ of Habeas Corpus filed by Donald T. Brown, Jr. SO ORDERED that petitioner is granted leave to proceed in forma pauperis. IT IS FURTHER ORDERED that within sixty (60) days of receipt of this order, the A ttorney General of the State of New York or, the District Attorney of SUFFOLK County, as attorney for respondents, shall (a) show cause before this Court, by filing a return to the petition, why a writ of habeas corpus should not be issued, and (b) s erve a copy of the return upon petitioner herein and file proof of such service with the Clerk of this Court. The Clerk of the Court shall (a) serve a copy of this Order to Show Cause, together with a copy of the petition, upon the Attorney General o f the State of New York, 300 Motor Parkway, Hauppauge, NY, 11788, and the District Attorney of SUFFOLK County by electronic service (ECF), and (b) serve notice of entry of this Order to Show Cause upon petitioner pursuant to Rule 77(d)(l) of the Federal Rules of Civil Procedure. CM to pro se petitioner. Ordered by Judge Sandra J. Feuerstein on 9/24/2014. (Florio, Lisa)

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Petitioner: Donald T. Brown, Jr.
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Respondent: William Lee
Represented By:	NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC
Represented By:	SUFFOLK COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC
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