Tejada v. Superintendent
| David Tejada |
| Superintendent |
| 2:2018cv05823 |
| October 18, 2018 |
| US District Court for the Eastern District of New York |
| Joseph F Bianco |
| 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 |
|---|
| Filing 5 MOTION for Leave to file in forma pauperis by David Tejada. (Bollbach, Jean) Modified on 11/13/2018 (Bollbach, Jean). |
| Filing 4 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. (Bollbach, Jean) |
| Filing 3 Case transferred in from District of New York Southern; Case Number 1:18-cv-09255. Original file certified copy of transfer order and docket sheet received. |
| MOTION for Leave to Proceed in forma pauperis see document #2 Transfer Order by David Tejada. (Cox, Dwayne) |
| 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. (sac) [Transferred from New York Southern on 10/18/2018.] |
Filing 2
TRANSFER ORDER: Petitioner, currently incarcerated at Lakeview Shock Incarceration Correctional Facility, brings this pro se petition for a writ of habeas corpus under 28 U.S.C. 2254, challenging the constitutionality of his conviction in Nassau County Court. Because Petitioner was convicted and sentenced in Nassau 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. The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Petitioner, and note service on the docket. The Clerk of Court is further directed 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 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, 44445 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Louis L. Stanton on 10/11/2018) (sac) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 10/18/2018.]
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| Mailed a copy of #2 Order, to Elena Strujan P.O. Box 20632 New York, NY 10021. (vba) [Transferred from New York Southern on 10/18/2018.] |
| NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Unassigned is no longer assigned to the case. (sac) [Transferred from New York Southern on 10/18/2018.] |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by David Tejada.(rdz) [Transferred from New York Southern on 10/18/2018.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 10/18/2018.] |
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