Tolliver v. Capra
| Eric Tolliver |
| Michael Capra |
| 9:2021cv00061 |
| January 19, 2021 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Brenda K Sannes |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 8
ORDER TRANSFERRING Successive Section 2255 Motion or Habeas Petition to U.S. Court of Appeals for the Second Circuit. It is ORDERED that the Clerk transfer this petition to the United States Court of Appeals for the Second Circuit, pursuant to 28 U.S.C. 1631, for a determination under 28 U.S.C. 2244(b) as to whether petitioner should be authorized to file a second or successive habeas petition in the district court; and it is further ORDERED that the Clerk serve a copy of this Order on petitioner in accordance with the Local Rules. Signed by Judge Brenda K. Sannes on February 16, 2021. (Copy served via regular mail on petitioner)(rep)
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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 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 Brenda K. Sannes on February 10, 2021. (Copy served via regular mail on petitioner)(rep)
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| Filing 6 MOTION: For Leave to Proceed in forma pauperis, filed by Eric Tolliver. {Mailing envelope attached}.(rep) |
| Filing 5 NOTICE OF CHANGE OF ADDRESS: Filed by Eric Tolliver. Effective Date: 1/26/2021. Old Address: Sing Sing Correctional Facility. New Address: Shawangunk Correctional Facility. {A copy of the #4 Administrative Closing Order is being sent to the petitioner at his new address along with a blank IFP Application. (rep) |
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Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. It is hereby 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 Brenda K. Sannes on January 19, 2021. (Copy served via regular mail on petitioner along with a blank IFP Application).(rep)
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| Filing 3 Case transferred in from District of New York Southern; Case Number 1:20-cv-11133. electronically transferred when case opened |
| Mailed a copy of #2 Order, to Eric Tolliver, DIN No. 94B1363 at Sing Sing Correctional Facility, 354 Hunter Street, Ossining, NY 10562. (dsh) [Transferred from New York Southern on 1/19/2021.] |
| 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.(nb) [Transferred from New York Southern on 1/19/2021.] |
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Filing 2
TRANSFER ORDER: Petitioner, currently incarcerated in Sing Sing Correctional Facility, brings this pro se petition for a writ of habeas corpus under 28 U.S.C. 2254, challenging the constitutionality of his 1996 conviction in the New York Supreme Court, Onondaga County. Because Petitioner was convicted and sentenced in Onondaga 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 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, 44445 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Colleen McMahon on 1/11/2021) (nb) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 1/19/2021.]
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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 1/19/2021.] |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Eric Tolliver. (Attachments: #1 Main Document, #2 Main Document, #3 Main Document) (sac) [Transferred from New York Southern on 1/19/2021.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 1/19/2021.] |
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| Petitioner: Eric Tolliver | |
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| Respondent: Michael Capra | |
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