Garcia v. Smith
| Angel Garcia |
| Brandon Smith |
| 1:2019cv10202 |
| November 4, 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 November 12, 2019. A more recent docket listing may be available from PACER.
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Filing 5
CIVIL JUDGMENT: Pursuant to the order issued November 12, 2019, denying the petition, IT IS ORDERED, ADJUDGED, AND DECREED that the petition is denied. 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. (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 4
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 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. (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 #4 Order of Dismissal, #5 Judgment - Sua Sponte (Complaint), with Notice of Right to Appeal, to Angel Garcia 18-A-1931 Greene Correctional Facility P.O. Box 975 Coxsackie, NY 12051. (aea) |
| NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (mro) |
| Filing 3 CASE TRANSFERRED IN from the United States District Court - District of New York Northern; Case Number: 9:19-cv-01262. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Filing 2 DECISION AND ORDER: ORDERED that the Clerk is directed to electronically transfer this action to the Clerk of the Southern District of New York. The Court hereby waives the fourteen (14) day waiting period provided for in Local Rule 83.6. Signed by U.S. District Judge Mae A. D'Agostino on 10/30/19. {order served via regular mail on petitioner}(nas) [Transferred from New York Northern on 11/4/2019.] |
| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5.00 - receipt # SYR056042) filed by Angel Garcia. (Attachments: #1 envelope)(nas, ) [Transferred from New York Northern on 11/4/2019.] |
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| Petitioner: Angel Garcia | |
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| Respondent: Brandon Smith | |
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