Mohammad v. Capra
| Abdullah Abdul Hakeem Mohammad |
| John/Jane Doe and Michael Capra |
| 9:2020cv01309 |
| October 22, 2020 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| David N Hurd |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Set Deadlines: Notice of Compliance Deadline 1/4/2021, Case Review Deadline 2/2/2021. (meb) |
Filing 8
DECISION AND ORDER: It is ORDERED that the Clerk shall update the caption to reflect the proper respondent, Michael Capra, Superintendent of Sing Sing Correctional Facility; Petitioner's second IFP application, Dkt. No. #6 , is DENIED AS MOOT; Petitioner may file an amended petition within thirty (30) days of the filing date of this Decision and Order; The Clerk is directed to provide petitioner with a blank 2254 habeas petition for this purpose; If petitioner does not file an amended petition within thirty (30) days of the filing date of this Decision and Order, the Clerk shall enter judgment dismissing this action without further order of the Court, Habeas Rule 4; Upon the filing of any amended petition, the Clerk shall forward the file in this matter to the Court for further review. Signed by Judge David N. Hurd on 12/1/2020. (Copy served via regular mail, along with blank forms)(meb)
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Filing 7
TEXT ORDER REOPENING CASE: This action was administratively closed due to petitioner's failure to comply with the filing fee requirements, and petitioner was directed to respond to the Order if s/he wished to pursue this action. Petitioner has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by Judge David N. Hurd on 11/23/2020. (Copy served via regular mail)(meb)
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| Filing 6 MOTION for Leave to Proceed in forma pauperis filed by Abdullah Abdul Hakeem Mohammad. (Mailing envelope included)(meb) |
| Filing fee received: $5.00, receipt number SYR058443. (meb) |
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Filing 5
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: It is hereby ORDERED that petitioner's IFP Application is DENIED as incomplete; and it is further ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further 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; and it is further ORDERED that upon petitioner's compliance with this order, the Clerk shall reopen this action and forward it to the Court for review; and it is further ORDERED that the Clerk serve a copy of this Order on petitioner along with a blank IFP Application. Signed by Judge David N. Hurd on 10/23/2020. (Copy served via regular mail, along with blank forms)(meb)
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| Filing 4 Case transferred in from District of New York Southern; Case Number 1:20-cv-06732. electronically transferred when case opened |
| Mailed a copy of #3 Order, to Abdullah Abdul Hakeem Mohammad, DIN No. 16A3440 at Catskill County Jail, P.O. Box 300, Marcy, NY 13400-0300. (dsh) [Transferred from New York Southern on 10/22/2020.] |
| 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. (sac) [Transferred from New York Southern on 10/22/2020.] |
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Filing 3
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 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 wouldnot be taken in good faith, and therefore in forma pauperis status is denied for the purpose of anappeal. 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 10/15/2020) (sac) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 10/22/2020.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(bcu) [Transferred from New York Southern on 10/22/2020.] |
| Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Abdullah Abdul Hakeem Mohammad.(rdz) Modified on 8/24/2020 (sac). [Transferred from New York Southern on 10/22/2020.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Abdullah Abdul Hakeem Mohammad.(rdz) Modified on 8/24/2020 (sac). [Transferred from New York Southern on 10/22/2020.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 10/22/2020.] |
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