Troche v. LaManna
| Felix Troche |
| Jamie LaManna |
| 2:2019cv02825 |
| May 13, 2019 |
| 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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| Filing 8 CLERK'S JUDGMENT dated 6/27/19 that the petition is denied; that this case is dismissed; that no certificate of appealability shall issue, See 28:2253(c); that pursuant to 28 U.S.C. 1915(a), any appeal from this order would not be taken in good faith; and that in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). ( Ordered by Jalitza Poveda, Deputy Clerk on behalf of Douglas C. Palmer, Clerk of Court on 6/27/2019 ) c/m w/appeals pkg. (Guzzi, Roseann) |
Filing 7
MEMORANDUM DECISION AND ORDER dated 6/26/19 that the petition is denied, and the case is dismissed. A certificate of appealability shall not issue as the petition presents no substantial constitutional issue. See 28:2253(c). Further, the Court certifies pursuant to28:1915(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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). ( Ordered by Judge Brian M. Cogan on 6/26/2019 ) c/m *Forwarded for jgm. (Guzzi, Roseann)
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| Filing 6 STATE COURT RECORD (Attachments: #1 Supplement Appellate Proceedings 1, #2 Supplement Appellate Proceedings 2, #3 Supplement Appellate Proceedings 3, #4 Supplement Appellate Proceedings 4, #5 Supplement Transcript - Hearing, #6 Supplement Transcript - Trial 1, #7 Supplement Transcript - Trial 2, #8 Supplement Transcript - Trial 3, #9 Supplement Transcript - Trial 4, #10 Supplement Transcript - Trial 5, #11 Supplement Transcript - Trial 6) (Costello, Thomas) |
| Filing 5 Letter MOTION for Extension of Time to File State Court Record by Jamie LaManna. (Attachments: #1 Certificate of Service) (Costello, Thomas) |
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ORDER granting #5 Motion for Extension of Time. Respondent shall file and simultaneously deliver to Chambers a copy of the State court record by 6/26/2019. Ordered by Judge Brian M. Cogan on 6/18/2019. (Weisberg, Peggy)
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ORDER. Respondent failed to file the State court record by 6/15/2019 as directed in the Order dated 5/15/2019. Respondent is ORDERED to file and deliver to the Court a courtesy copy of the State court record forthwith. Ordered by Judge Brian M. Cogan on 6/18/2019. (Weisberg, Peggy)
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Filing 4
ORDER dated 5/15/19 that respondent is required to electronically file the State Court Record. Petitioner's #2 Motion for Leave to Proceed in forma pauperis is granted; re #1 Petition for Writ of Habeas Corpus filed by Felix Troche. ( Ordered by Judge Brian M. Cogan on 5/16/2019 ) (Guzzi, Roseann)
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| Filing 3 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. (Corsini, Alexander) |
| Case no longer referred to Magistrate Judge Cheryl L. Pollak. (Mahoney, Brenna) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Felix Troche. (Cox, Dwayne) |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Felix Troche. (Attachments: #1 Exhibit, #2 Exhibit) (Cox, Dwayne) (Attachment 1 replaced on 5/14/2019) (Cox, Dwayne). |
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| Respondent: Jamie LaManna | |
| Represented By: | SUFFOLK COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC |
| Represented By: | NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC |
| Represented By: | Thomas C. Costello |
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| Petitioner: Felix Troche | |
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