Gibson v. Petrucci
Petitioner: Robert Lee Gibson
Respondent: Warden J. Petrucci
Case Number: 1:2019cv09571
Filed: October 16, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Colleen McMahon
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241 fd
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 22, 2019 Mailed a copy of #3 Transfer Order U.S.C.A., to Robert Lee Gibson ID No. 28719-004 F.C.I. - Otisville P.O. BOX 1000 Otisville, NY 10963. (vba)
October 21, 2019 Non-Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Non-Appeal Electronic Files for #1 Petition for Writ of Habeas Corpus filed by Robert Lee Gibson, #3 Order,,,,, #2 APPLICATION to Appoint Counsel pursuant to 18 U.S.C. 3006(A)(g) (Habeas Corpus Petition). filed by Robert Lee Gibson were transmitted to the U.S. Court of Appeals for the Eleventh Circuit. (nd).
October 21, 2019 Case Transferred to the U.S. Court of Appeals for the Eleventh Circuit with documents #1 Petition & #3 Transfer order and an electronically certified docket sheet. (nd).
October 18, 2019 Opinion or Order Filing 3 TRANSFER ORDER. The Court directs the Clerk of Court to assign this matter to my docket, mail a copy of this order to Petitioner, and note service on the docket. In the interest of justice, the Court transfers this successive 2255 motion to the United States Court of Appeals for the Eleventh Circuit under 28 U.S.C. 1631. This order closes this action. Because the petitioner makes no substantial showing of a denial of a constitutional right, this Court will not issue a certificate of appealability. 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that "a defendants good faith in [a criminal] case [is] demonstrated when he seeks appellate review of any issue not frivolous"). The Court also directs the Clerk of Court to docket this order 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 10/18/2019) (rjm) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing.
October 18, 2019 ***DELETED DOCUMENT. Deleted document number #3 Transfer Order. The document was incorrectly filed in this case. (rjm)
October 18, 2019 NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (rjm)
October 16, 2019 Filing 2 APPLICATION to Appoint Counsel pursuant to 18 U.S.C. 3006(A)(g) (Habeas Corpus Petition). Document filed by Robert Lee Gibson. (sac)
October 16, 2019 Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Robert Lee Gibson. (sac)
October 16, 2019 Case Designated ECF. (sac)

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Petitioner: Robert Lee Gibson
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Respondent: Warden J. Petrucci
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