Carter v. Poole

Carter v. Poole

Petitioner:	Dashawn Carter
Respondent:	T. Poole
Case Number:	9:2007cv00976
Filed:	September 19, 2007
Court:	US District Court for the Northern District of New York
Office:	Prisoner Office
County:	Seneca
Presiding Judge:	Gustave J. DiBianco
Presiding Judge:	David N. Hurd
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 9, 2020	Filing 34 ORDER: IT IS ORDERED THAT the Motion to Recall Mandate, Rehearing, and Reinstatement of Habeas Corpus Action at Docket No. 33 is DENIED.IT IS FURTHER ORDERED THAT the Court declines to issue a Certificate ofAppealability. 28 U.S.C. § 2253 (c); Banks v. Dretke, 540 U.S. 668, 705 (2004) ("To obtain a certificate of appealability, a prisoner must 'demonstrat[e] that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further.'" (quoting Miller-Elv. Cockrell, 537 U.S. 322, 327 (2003))). Any further request for a Certificate of Appealability must be addressed to t he Court of Appeals. FED. R. APP. P. 22(b); 2d CIR. R. 22. IT IS FURTHER ORDERED THAT the Clerk of Court is respectfully directed to send Mr. Carter a copy of the Second Circuit's form Motion for An Order Authorizing the District Court to Co nsider a Successive or Second Motion to Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. §§ 2244(b), 2254 by a Prisoner in State Custody. Signed by Judge James K. Singleton on 9/9/2020. {order and referenced forms served via regular mail on petitioner}(nas )
June 8, 2010	Filing 18 MEMORANDUM DECISION ORDER denying & dismissing petitioner's 1 petition for Writ of Habeas Corpus & further ordered that it declines to issue COA. Any further request for COA must be addressed by 2nd CCA; Signed by District Judge James K. Singleton dtd 6/07/2010 (cml) [ CRD traditionally served upon non-NEF petitioner @ NYSDOC Five Points Correctional facility ]

Date Filed

Document Text

September 9, 2020

Filing 34 ORDER: IT IS ORDERED THAT the Motion to Recall Mandate, Rehearing, and Reinstatement of Habeas Corpus Action at Docket No. 33 is DENIED.IT IS FURTHER ORDERED THAT the Court declines to issue a Certificate ofAppealability. 28 U.S.C. § 2253 (c); Banks v. Dretke, 540 U.S. 668, 705 (2004) ("To obtain a certificate of appealability, a prisoner must 'demonstrat[e] that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further.'" (quoting Miller-Elv. Cockrell, 537 U.S. 322, 327 (2003))). Any further request for a Certificate of Appealability must be addressed to t he Court of Appeals. FED. R. APP. P. 22(b); 2d CIR. R. 22. IT IS FURTHER ORDERED THAT the Clerk of Court is respectfully directed to send Mr. Carter a copy of the Second Circuit's form Motion for An Order Authorizing the District Court to Co nsider a Successive or Second Motion to Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. §§ 2244(b), 2254 by a Prisoner in State Custody. Signed by Judge James K. Singleton on 9/9/2020. {order and referenced forms served via regular mail on petitioner}(nas )

June 8, 2010

Filing 18 MEMORANDUM DECISION ORDER denying & dismissing petitioner's 1 petition for Writ of Habeas Corpus & further ordered that it declines to issue COA. Any further request for COA must be addressed by 2nd CCA; Signed by District Judge James K. Singleton dtd 6/07/2010 (cml) [ CRD traditionally served upon non-NEF petitioner @ NYSDOC Five Points Correctional facility ]

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Petitioner: Dashawn Carter
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Respondent: T. Poole
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