Diaz v. Attica Correctional Facility
| Miguel Diaz |
| Attica Correctional Facility |
| 1:2020cv00262 |
| January 10, 2020 |
| 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 February 13, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Request for Docket Sheet Processed: Mailed copy of Docket Sheet to Miguel Diaz DIN No. 18-A-2702 at Attica Correctional Facility, Box 149, Attica, NY 14011 on 2/13/2020. (bwa) |
| Filing 7 LETTER from M. Diaz, dated 1/28/20 re: Please find that I have enclosed a copy of the Judge's Order stating that my Habeas Corpus Motion was transferred to your Courthouse. Document filed by Miguel Diaz..(sc) |
| Request for Copy of the updated Docket Sheet Received: Re #7 Letter. Request for Docket Report, from Miguel Diaz received on 2/10/20. Transmission to Pro Se Assistants for processing (sc) |
| Mailed a copy of #6 Judgment - Sua Sponte (Petition), #5 Order of Dismissal, Notice of Appeal Forms, to Miguel Diaz DIN No. 18-A-2702 Attica Correctional Facility Box 149 Attica, NY 14011..(vba) |
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. SO ORDERED. (Signed by Judge Colleen McMahon on 1/31/2020) (rjm) Transmission to Docket Assistant Clerk for processing.
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Filing 5
ORDER OF DISMISSAL. The Clerk of Court is directed 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). SO ORDERED. (Signed by Judge Colleen McMahon on 1/31/2020) (rjm) 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 4 CASE TRANSFERRED IN from the United States District Court - District of New York Western; Case Number: 6:19-cv-06880. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
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Filing 3
ORDER that this case is transferred to the USDC for the Southern District of NY. Signed by Hon. Charles J. Siragusa on 12/11/19. (mailed a copy of this order to petitioner)(TF) [Transferred from New York Western on 1/10/2020.]
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| Filing 2 MOTION/AUTHORIZATION FORM for Leave to Proceed in forma pauperis by Miguel Diaz.(TF) [Transferred from New York Western on 1/10/2020.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Miguel Diaz. (Attachments: #1 envelope)(TF) [Transferred from New York Western on 1/10/2020.] |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. Prisoner Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline mailed to plaintiff. (TF) [Transferred from New York Western on 1/10/2020.] |
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| Petitioner: Miguel Diaz | |
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