Smith v. CNYPC

Smith v. CNYPC

Petitioner:	Gabriel Smith
Respondent:	CNYPC
Case Number:	2:2018cv00208
Filed:	January 10, 2018
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Joan M. Azrack
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa
Jury Demanded By:	None

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Date Filed	Document Text
March 29, 2023	Filing 19 MEMORANDUM AND ORDER re 14 Motion to Dismiss. For the foregoing reasons (SEE ATTACHED ORDER for details), Respondent's motion to dismiss is granted, and the petition is dismissed as unexhausted. A certificate of appealability shall not issue b ecause Petitioner has not made a substantial showing that he was denied any constitutional rights. See 28 U.S.C. § 2253(c)(2). I certify that any appeal of this Order would not be taken in good faith, and thus in forma pauperis status is denied for the purposes of any appeal. Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk of the Court is respectfully directed to mail a copy of this Order to Petitioner and to close the case. So Ordered by Judge Joan M. Azrack on 3/29/2023. c/m to petitioner (LC)
July 26, 2019	Filing 13 ORDER Granting 8 Motion for Leave to Proceed in forma pauperis. Given that petitioner's application to proceed in forma pauperis is granted as to the 2241Petition, together with the fact that both petitions challenge the same conviction, the Court consolidates these petitions in the earlier filed case, 18-CV-208(JMA) and finds that the filing fee for these petitions is thus satisfied. Any further submissions shall bear only docket number 18-CV-208(JMA), no further filings shall be made u nder docket number 18-CV-3958 and the Clerk of the Court shall mark 18-CV-3958 closed. Should petitioner wish to withdraw both his § 2241 petition and his § 2254 petition, he shall so advise the Court in writing within thirty (30) days.< /B> The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that in forma pauperis status for the purpose of an appeal from this order would not be taken in good faith and therefore in formapauperis status is denied. See Coppedge v. United States , 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to mail a copy of this Order to the petitioner at his last known address and record such service on the docket. So Ordered by Judge Joan M. Azrack on 7/26/2019. (c/m to pro se) (Ortiz, Grisel)

Date Filed

Document Text

March 29, 2023

Filing 19 MEMORANDUM AND ORDER re 14 Motion to Dismiss. For the foregoing reasons (SEE ATTACHED ORDER for details), Respondent's motion to dismiss is granted, and the petition is dismissed as unexhausted. A certificate of appealability shall not issue b ecause Petitioner has not made a substantial showing that he was denied any constitutional rights. See 28 U.S.C. § 2253(c)(2). I certify that any appeal of this Order would not be taken in good faith, and thus in forma pauperis status is denied for the purposes of any appeal. Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk of the Court is respectfully directed to mail a copy of this Order to Petitioner and to close the case. So Ordered by Judge Joan M. Azrack on 3/29/2023. c/m to petitioner (LC)

July 26, 2019

Filing 13 ORDER Granting 8 Motion for Leave to Proceed in forma pauperis. Given that petitioner's application to proceed in forma pauperis is granted as to the 2241Petition, together with the fact that both petitions challenge the same conviction, the Court consolidates these petitions in the earlier filed case, 18-CV-208(JMA) and finds that the filing fee for these petitions is thus satisfied. Any further submissions shall bear only docket number 18-CV-208(JMA), no further filings shall be made u nder docket number 18-CV-3958 and the Clerk of the Court shall mark 18-CV-3958 closed. Should petitioner wish to withdraw both his § 2241 petition and his § 2254 petition, he shall so advise the Court in writing within thirty (30) days.< /B> The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that in forma pauperis status for the purpose of an appeal from this order would not be taken in good faith and therefore in formapauperis status is denied. See Coppedge v. United States , 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to mail a copy of this Order to the petitioner at his last known address and record such service on the docket. So Ordered by Judge Joan M. Azrack on 7/26/2019. (c/m to pro se) (Ortiz, Grisel)

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Respondent: CNYPC
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Petitioner: Gabriel Smith
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