Shabazz v. Kopp
| Malik Shabazz |
| M. Kopp |
| 9:2023cv01617 |
| December 26, 2023 |
| US District Court for the Northern District of New York |
| Lawrence E Kahn |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| Filing 6 NOTICE OF APPEARANCE by Robert C. McIver on behalf of M. Kopp (Attachments: #1 Declaration of service)(McIver, Robert) |
Filing 5
MEMORANDUM-DECISION AND ORDER: ORDERED, that Petitioner's IFP Application, Dkt. No. 1-1, is DENIED without prejudice. ORDERED, that the Clerk serve copies of this Memorandum-Decision and Order and the Petition upon Respondent and the Attorney General of the State of New York in accordance with Section XIII, Rule 1.1(e) of the Local Rules. ORDERED, that Respondent shall file and serve an answer to the Petition, and provide the Court with the relevant records, within ninety (90) days of the date of this Memorandum-Decision and Order. ORDERED, that Petitioner may, but is not required to, file a reply within thirty (30) days of the filing date of Respondent's answer. Signed by Senior Judge Lawrence E. Kahn on January 12, 2024. (Attachments: #1 petition)[response due by M. Kopp served on 1/12/2024, answer due 4/11/2024] {served as directed}(nas)
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| Filing 4 Case transferred in from District of New York Southern; Case Number 1:23-cv-10907. electronically transferred when case opened |
| MAILING RECEIPT: Document No: 3. Mailed to: Malik Shabazz DIN:18A2863 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (mt) [Transferred from New York Southern on 12/26/2023.] |
| 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.(yv) [Transferred from New York Southern on 12/26/2023.] |
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Filing 3
TRANSFER ORDER. Because Petitioner was convicted and sentenced in Albany County, which is located in the Northern District of New York, 28 U.S.C. 112(a), the Clerk of Court is directed, under Local Rule 83.3, to transfer this action to the United States District Court for the Northern District of New York. Petitioner has not at this time made a substantial showing of the denial of a constitutional right, and thus 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). The Clerk of Court is directed to mail this Order to Petitioner. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/19/23) (yv) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 12/26/2023.]
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| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: Westchester. (Filing Fee $ 5.00, Receipt Number 24450) Document filed by Malik Shabazz. (Attachments: #1 IFP Application) (sac) [Transferred from New York Southern on 12/26/2023.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 12/26/2023.] |
| Magistrate Judge Gary Stein is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sac) [Transferred from New York Southern on 12/26/2023.] |
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| Petitioner: Malik Shabazz | |
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| Respondent: M. Kopp | |
| Represented By: | Robert C. McIver |
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