Fox v. Miller
| Dejiore Fox |
| Superintendent Christopher Miller |
| 1:2019cv07498 |
| August 9, 2019 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 fd |
| None |
Docket Report
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This docket was last retrieved on September 16, 2019. A more recent docket listing may be available from PACER.
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Filing 4
CIVIL JUDGMENT: Pursuant to the order issued September 16, 2019, dismissing the petition, IT IS ORDERED, ADJUDGED AND DECREED that the petition is dismissed without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure for failure to comply with the Court's order. 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 Plaintiff and note service on the docket. (Signed by Judge Colleen McMahon on 9/16/2019) (Attachments: #1 Pro Se Appeal Package)(mro) Transmission to Docket Assistant Clerk for processing.
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Filing 3
ORDER OF DISMISSAL: By order dated August 14, 2019, the Court directed Petitioner, within thirty days, to submit a completed request to proceed in forma pauperis ("IFP application") or pay the $5.00 filing fee. That order specified that failure to comply would result in dismissal of the petition. Petitioner has not filed an IFP application or paid the fee. Accordingly, the petition is dismissed without prejudice without prejudice to Petitioner's refiling a new action. 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. 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). (Signed by Judge Colleen McMahon on 9/16/2019) (mro) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #3 Order of Dismissal, #4 Judgment - Sua Sponte (Complaint), with Notice of Right to Appeal, to Dejiore Fox DIN No. 18A3439 Great Meadow Correctional Facility 11739 State Route 22 Box 51 Comstock, NY 12821. (aea) |
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Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Petitioner is directed to render payment of the $5.00 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 9/13/2019. In Forma Pauperis (IFP) Application due by 9/13/2019. (Signed by Judge Colleen McMahon on 8/14/2019) (Attachments: #1 IFP application)(keb) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #2 Order Directing Payment of Fee or IFP Application, to Dejiore Fox DIN No. 18A3439 Great Meadow Correctional Facility 11739 State Route 22 Box 51 Comstock, NY 12821. (aea) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Dejiore Fox.(rdz) |
| Case Designated ECF. (rdz) |
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| Respondent: Superintendent Christopher Miller | |
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| Petitioner: Dejiore Fox | |
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