Rahaman v. Bennett
| Cendno Rahaman |
| Stacie Bennett |
| 9:2023cv00714 |
| June 14, 2023 |
| US District Court for the Northern District of New York |
| Thomas J McAvoy |
| Daniel J Stewart |
| 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 June 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 4 JUDGMENT: IT IS ORDERED AND ADJUDGED that this action is dismissed in accordance with the #3 Decision and Order dated June 26, 2023 of Senior Judge Thomas J. McAvoy which ORDERED that the petition for a writ of habeas corpus is DISMISSED WITHOUT PREJUDICE for failure to exhaust available state court remedies and ORDERED that no certificate of appealability shall be issued. (Copy served via regular mail) (meb) |
Filing 3
DECISION AND ORDER: It is ORDERED that the petition, Dkt. No. #1 , is DISMISSED WITHOUT PREJUDICE as premature for failure to exhaust available state court remedies; and it is further ORDERED that no certificate of appealability ("COA") shall issue in this case because petitioner has failed to make a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. 2253(c)(2).9 Any further request for a COA must be addressed to the Court of Appeals (Fed. R. App. P. 22(b)). Signed by Senior Judge Thomas J. McAvoy on 6/26/2023. (Copy served via regular mail)(meb)
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| Filing 2 Letter enclosing the filing fee filed by Cendno Rahaman. (Mailing envelope included) (meb) (Additional attachment(s) added on 6/16/2023: #1 Mailing envelope) (meb, ). |
| Filing fee received: $5.00, receipt number 600000008. (meb) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Cendno Rahaman. (Attachments: #1 Cover letter, #2 Mailing envelope)(meb) |
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| Petitioner: Cendno Rahaman | |
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| Respondent: Stacie Bennett | |
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