McDaniel v. Kissa
| Curtis McDaniel |
| Smalls Kissa |
| 1:2019cv10280 |
| 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 December 20, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Mailed a copy of #6 Judgment - Sua Sponte (Petition), #5 Order of Dismissal, with Notice of right to appeal, to Curtis McDaniel NYSID: 00474252R B&C No. 3491901551 Anna M. Kross Correctional Facility 18-18 Hazen Street East Elmhurst, NY 11370. (aea) |
Filing 6
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED that the petition 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 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 12/19/2019) (Attachments: #1 Pro Se Appeal Package)(sac) Transmission to Docket Assistant Clerk for processing.
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Filing 5
ORDER OF DISMISSAL: The Clerk of Court is directed to 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, 44445 (1962). (Signed by Judge Colleen McMahon on 12/19/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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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 12/16/2019) (va) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #4 Order Granting IFP Application to Curtis McDaniel NYSID: 00474252R B&C No. 3491901551 Anna M. Kross Correctional Facility 18-18 Hazen Street East Elmhurst, NY 11370. (aea) |
| Filing 3 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Curtis McDaniel.(sc) |
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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 12/20/2019. In Forma Pauperis (IFP) Application due by 12/20/2019. (Signed by Judge Colleen McMahon on 11/20/19) (Attachments: #1 Supplement IFP)(scn) Transmission to Docket Assistant Clerk for processing.
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| 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. 2254. Document filed by Curtis McDaniel.(rdz) |
| Case Designated ECF. (rdz) |
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| Respondent: Smalls Kissa | |
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| Petitioner: Curtis McDaniel | |
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