Baker v. Madison CO. DSS et al
| Roderick I. Baker, Jr. |
| Chittenango PD. and Madison Co. DSS |
| 9:2018cv00820 |
| July 12, 2018 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Dutchess |
| Thomas J McAvoy |
| David E Peebles |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on July 12, 2018. A more recent docket listing may be available from PACER.
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Filing 5
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that if petitioner wants to pursue this action, he must so notify the Court WITHIN THIRTY (30) DAYS of the filing date of this Order and either: (1) pay the court's filing fee of five dollars ($5.00); or (2) submit a completed and signed IFP Application that has been certified by an appropriate prison official at his facility. Signed by Senior Judge Thomas J. McAvoy on 7/12/18. (served on petitioner with blank IFP form by regular mail)(alh, )
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| Filing 4 Case transferred in from District of New York Southern; Case Number 1:18-cv-05964. electronically transferred when case opened |
| Mailed a copy of #3 Transfer Order N.D.N.Y. (Petition) (case opening only) to Roderick I. Baker, Jr DIN No. 07-B-0571 Fishkill Correctional Facility 271 Matteawan Road P.O. Box 1245 Beacon, NY 12508. (mhe) [Transferred from New York Southern on 7/12/2018.] |
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Filing 3
TRANSFER ORDER. Petitioner, currently incarcerated at Fishkill Correctional Facility, brings this pro se petition for a writ of habeas corpus under 28 U.S.C. 2254 challenging the constitutionality of his 2007 conviction in New York Supreme Court, Madison County. Because Petitioner was convicted and sentenced in Madison County, which is located in the Northern District of New York, this action is transferred under Local Rule 83.3 to the United States District Court for the Northern 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 Northern 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 informa pauperis status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Colleen McMahon on 7/5/2018) (rjm) [Transferred from New York Southern on 7/12/2018.]
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| Filing 2 NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (rjm) [Transferred from New York Southern on 7/12/2018.] |
| Transmission to Docket Assistant Clerk. Transmitted re: #3 Transfer Order N.D.N.Y. (Petition) (case opening only) to the Docket Assistant Clerk for case processing. (rjm) [Transferred from New York Southern on 7/12/2018.] |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Roderick I. Baker, Jr. (sac) [Transferred from New York Southern on 7/12/2018.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 7/12/2018.] |
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