Smith v. Warden
| Gary Lee Smith |
| Warden |
| 2:2020cv02083 |
| May 7, 2020 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| 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 6 Letter from Gary Lee Smith to Judge Kovner re: insufficient sentence. (Herrera, Isaiah) |
| Filing 5 Letter from Gary Lee Smith dated 4/2/2020 re: sentencing and court status. (Herrera, Isaiah) |
| Filing 4 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. (Herrera, Isaiah) |
| Filing 3 Case transferred in from District of New York Southern; Case Number 1:20-cv-03244. 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 Gary Lee Smith. (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 5/7/2020.] |
Filing 2
TRANSFER ORDER: The Clerk of Court is directed to 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 Colleen McMahon on 4/29/2020) (sac) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 5/7/2020.]
|
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (laq) [Transferred from New York Southern on 5/7/2020.] |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Gary Lee Smith. (sac) [Transferred from New York Southern on 5/7/2020.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 5/7/2020.] |
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| Defendant: Warden | |
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| Plaintiff: Gary Lee Smith | |
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