Taylor v. Capra

Taylor v. Capra

Petitioner:	Abdul Taylor
Respondent:	Michael Capra
Case Number:	1:2018cv00499
Filed:	January 18, 2018
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Debra C. Freeman
Presiding Judge:	Jesse M. Furman
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
September 17, 2021	Filing 19 MEMORANDUM OPINION AND ORDER: Accordingly, the petition for a writ of habeas corpus filed by Taylor is DISMISSED as moot on the basis that Petitioner is deceased. As Taylor has not made a substantial showing of the denial of a constitutional righ t, a certificate of appealability will not issue at this time. See 28 U.S.C. § 2253(c); see also, e.g., Matthews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). In addition, this Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Opinion and Order would not be taken in good faith, and in forma pauperis status is thus denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to close this case. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/17/2021) (kv)

Date Filed

Document Text

September 17, 2021

Filing 19 MEMORANDUM OPINION AND ORDER: Accordingly, the petition for a writ of habeas corpus filed by Taylor is DISMISSED as moot on the basis that Petitioner is deceased. As Taylor has not made a substantial showing of the denial of a constitutional righ t, a certificate of appealability will not issue at this time. See 28 U.S.C. § 2253(c); see also, e.g., Matthews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). In addition, this Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Opinion and Order would not be taken in good faith, and in forma pauperis status is thus denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to close this case. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/17/2021) (kv)

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Petitioner: Abdul Taylor
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Respondent: Michael Capra
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