Thomas v. Royce
| Warren Thomas |
| Mark Royce |
| 1:2019cv06781 |
| July 22, 2019 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 5
ORDER. 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 file a declaration within sixty days of the date of this order showing why the petition should not be dismissed as time-barred. A declaration form is attached to this order. If Petitioner timely files a declaration, the Court shall review it, and if proper, shall order the Respondent to answer. If Petitioner fails to comply with this order within the time allowed, and cannot show good cause to excuse such failure, the petition will be denied as time-barred. No answer shall be required at this time. 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 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). The Clerk of Court is directed to docket this as a "written opinion" within the meaning of Section 205(a)(5) of the E-Government Act of 2002. SO ORDERED. (Signed by Judge Colleen McMahon on 8/28/2019) (rjm) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #5 Order 60 Days Other (case opening), to Warren Thomas 10-A-0696 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582. (vba)
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Mailed a copy of #4 Order Granting IFP Application to Warren Thomas 10-A-0696 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582. (vba)
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Filing 4
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Colleen McMahon on 8/7/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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Filing 3
APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Warren Thomas.(sc)
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Mailed a copy of #2 Order Directing Payment of Fee or IFP Application, to Warren Thomas 10-A-0696 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582. (vba)
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb)
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Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff 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 Clerk of Court is directed to assign this matter to my docket. 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 8/21/2019. In Forma Pauperis (IFP) Application due by 8/21/2019. (Signed by Judge Colleen McMahon on 7/22/2019) (Attachments: #1 Exhibit IFP application)(asg) Transmission to Docket Assistant Clerk for processing.
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Filing 1
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Warren Thomas.(rdz)
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Case Designated ECF. (rdz)
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| Respondent: Mark Royce | |
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