Malloy v. Royce

Petitioner: Levi Malloy
Respondent: Superintendent M. Royce
Case Number: 9:2019cv00988
Filed: August 12, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Andrew T Baxter
Referring Judge: Glenn T Suddaby
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254
Jury Demanded By: None

Docket Report

This docket was last retrieved on August 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 12, 2019 Opinion or Order Filing 5 ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. Petitioner's IFP Application is DENIED as incomplete. 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. Upon petitioner's compliance with this order, the Clerk shall reopen this action and forward it to the Court for review. The Clerk is directed to serve a copy of this Order on petitioner along with a blank IFP Application. Signed by Chief Judge Glenn T. Suddaby on 8/12/2019.. Signed by Chief Judge Glenn T. Suddaby on 8/12/2019. (Copy of Order and IFP Application Form served upon petitioner via regular mail) (Attachments: #1 IFP Form)(sal )
August 12, 2019 Filing 4 Case transferred in from District of New York Southern; Case Number 1:19-cv-06644. electronically transferred when case opened
August 6, 2019 Mailed a copy of #3 Order, to Levi Malloy 14-A-3996 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582. (aea) [Transferred from New York Southern on 8/12/2019.]
August 5, 2019 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York (mro) [Transferred from New York Southern on 8/12/2019.]
August 5, 2019 Opinion or Order Filing 3 TRANSFER ORDER. Because Petitioner was convicted and sentenced in Albany 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 in forma 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 8/5/2019) (rjm). Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 8/12/2019.]
August 5, 2019 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 8/12/2019.]
July 16, 2019 Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Levi Malloy.(rdz) [Transferred from New York Southern on 8/12/2019.]
July 16, 2019 Case Designated ECF. (rdz) [Transferred from New York Southern on 8/12/2019.]
July 16, 2019 Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Levi Malloy.(rdz) [Transferred from New York Southern on 8/12/2019.]

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Respondent: Superintendent M. Royce
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Petitioner: Levi Malloy
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