Williams v. Lamanna
Petitioner: James Williams
Respondent: J. Lamanna
Case Number: 1:2018cv07041
Filed: August 3, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Dutchess
Presiding Judge: Colleen McMahon
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 20, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 20, 2018 Opinion or Order Filing 4 CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the petition is dismissed. Because the petition makes no substantial showing of a 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 the Court's judgment would not be taken in good faith. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Petitioner and note service on the docket. SO ORDERED. (Signed by Judge Colleen McMahon on 9/20/2018) (anc)
September 20, 2018 Opinion or Order Filing 3 ORDER OF DISMISSAL: Accordingly, the petition is dismissed without prejudice. See 28 U.S.C. 1914, 1915. The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. 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. See 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 IFP 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). SO ORDERED. (Signed by Judge Colleen McMahon on 9/20/2018) (anc)
September 20, 2018 Transmission to Docket Assistant Clerk. Transmitted re: #3 Order of Dismissal, #4 Judgment to the Docket Assistant Clerk for case processing. (anc)
September 20, 2018 Mailed a copy of #3 Order of Dismissal, #4 Judgment - Sua Sponte (Complaint), to James Williams DIN No. 14-A-0193 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582. (vba)
August 8, 2018 Opinion or Order Filing 2 ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: The Clerk of Court is directed to assign this matter to my docket, mail a copy of this Order to Petitioner, and note service on the docket. Petitioner is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. 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 the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 9/7/2018. In Forma Pauperis (IFP) Application due by 9/7/2018. (Signed by Judge Colleen McMahon on 8/8/2018) (Attachments: #1 IFP application)(ees)
August 8, 2018 NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb)
August 8, 2018 Mailed a copy of #2 Order Directing Payment of Fee or IFP Application, to James Williams DIN No. 14-A-0193 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582. (vba)
August 8, 2018 Transmission to Docket Assistant Clerk. Transmitted re: #2 Order Directing Payment of Fee or IFP Application to the Docket Assistant Clerk for case processing. (ees)
August 3, 2018 Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by James Williams.(sac)
August 3, 2018 Case Designated ECF. (sac)

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Petitioner: James Williams
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Respondent: J. Lamanna
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