Bowens v. Federal Bureau of Prisons

Bowens v. Federal Bureau of Prisons

Petitioner:	Michael Bowens
Respondent:	Federal Bureau of Prisons
Case Number:	1:2012cv05591
Filed:	July 17, 2012
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Orange
Presiding Judge:	Loretta A. Preska
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2241
Jury Demanded By:	None

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Date Filed	Document Text
June 18, 2013	Filing 26 MEMORANDUM AND ORDER re: 1 Petition for Writ of Habeas Corpus filed by Michael Bowens. The petitioner is not entitled to relief for his claims of emotional injury. The petition is DENIED. The Clerk is directed to enter judgment for the respondent. The certificate of appealability provision, 28 U.S.C. § 2253(c), is inapplicable to this petition brought under § 2241. See Drax v. Reno, 338 F.3d 98, 106 n. 12 (2d Cir. 2003) (citing Murphy v. United States, 199 F.3d 599, 601 n. 2 (2d Cir . 1999)). However, the Court certifies pursuant to 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 purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge P. Kevin Castel on 6/18/2013) (ft) Modified on 6/18/2013 (ft).

Date Filed

Document Text

June 18, 2013

Filing 26 MEMORANDUM AND ORDER re: 1 Petition for Writ of Habeas Corpus filed by Michael Bowens. The petitioner is not entitled to relief for his claims of emotional injury. The petition is DENIED. The Clerk is directed to enter judgment for the respondent. The certificate of appealability provision, 28 U.S.C. § 2253(c), is inapplicable to this petition brought under § 2241. See Drax v. Reno, 338 F.3d 98, 106 n. 12 (2d Cir. 2003) (citing Murphy v. United States, 199 F.3d 599, 601 n. 2 (2d Cir . 1999)). However, the Court certifies pursuant to 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 purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge P. Kevin Castel on 6/18/2013) (ft) Modified on 6/18/2013 (ft).

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Petitioner: Michael Bowens
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Respondent: Federal Bureau of Prisons
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