Brown v. State of New York
| Noel Brown |
| State of New York |
| 1:2019cv09628 |
| October 17, 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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This docket was last retrieved on December 9, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Mailed a copy of #6 Order on Motion for Reconsideration, to Noel Brown MW0387 SCI. Somersset 1600 Walters Mill Road Somerset, PA 15510. (vba) |
Filing 6
ORDER. Accordingly, Petitioner's motion for reconsideration (ECF No. 5) is denied. The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. Petitioner's case in this Court under docket No. 19-CV-9628 (CM) is closed. The Court will only accept for filing documents that are directed to the Second Circuit Court of Appeals. If Petitioner files other documents that are frivolous or meritless, the Court will direct Petitioner to show cause why he should not be barred from filing further documents in this action. 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 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 an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Denying #5 Motion for Reconsideration. (Signed by Judge Colleen McMahon on 12/4/2019) (rjm) Transmission to Docket Assistant Clerk for processing.
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| Transmission to Office of the Clerk of Court. Transmitted re: #6 Order on Motion for Reconsideration to the Office of the Clerk of Court for processing. (rjm) |
| Filing 5 REQUEST(Motion)FOR RECONSIDERATION, re: #3 Judgment - Sua Sponte (Petition). Document filed by Noel Brown.(sc) |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed letter to Noel Brown MW0387 at SCI. Somersset 1600 Walters Mill Road Somerset, PA 15510 advising that copy/copies of the Order of Dismissal and Civil Judgment were mailed on November 12, 2019 and the Petition requested will be furnished upon receipt of the statutory fee of $8.50 in the form of a company check, certified check or money order payable to the Clerk of the Court, SDNY. (jri) |
| Filing 4 LETTER from Noel Brown, re: Petitioner informs the Court that he has not received a response to his petition; and he requests that the Court send him a copy of the filed petition with index number affixed. Document filed by Noel Brown.(sc) |
| Request for Copy of Document Received: Re #4 Letter. Request for a copy of his signed Petition for Habeas Corpus from Noel Brown received on 11/19/19. Transmission to Records Management for processing. (sc) |
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Filing 3
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the petition is denied, without prejudice, as prematurely filed. 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 Plaintiff and note service on the docket. (Signed by Judge Colleen McMahon on 11/12/2019) (Attachments: #1 Pro Se Appeal Package)(mro) Transmission to Docket Assistant Clerk for processing.
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Filing 2
ORDER OF DISMISSAL: The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to the Petitioner, and note service on the docket. The Petitioner's application for a writ of habeas corpus under 28 U.S.C. 2254 is denied without prejudice. Because the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. 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. 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). (Signed by Judge Colleen McMahon on 11/12/2019) (mro) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #2 Order of Dismissal, #3 Judgment - Sua Sponte (Petition), with Notice of Right to Appeal, to Noel Brown MW0387 SCI. Somersset 1600 Walters Mill Road Somerset, PA 15510. (aea) |
| NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (mro) |
| Pro Se Payment of Fee Processed: $5.00 Check processed by the Finance Department on 10/29/2019, Receipt Number 465401247422. (sw) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Noel Brown.(rdz) |
| Case Designated ECF. (rdz) |
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| Petitioner: Noel Brown | |
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| Respondent: State of New York | |
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