Griffin v. Warden et al
| Jeremiah J. Griffin |
| Warden and Kings County Criminal Court |
| 1:2020cv01707 |
| February 26, 2020 |
| US District Court for the Southern District of New York |
| Sarah L Cave |
| Alison J Nathan |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 fd |
| None |
Docket Report
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| Document Text |
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| Filing 6 LETTER addressed to Judge Alison J. Nathan from Jeremiah J. Griffin dated 3/10/20 re: Kings County Criminal Docket #CR-002385. Document filed by Jeremiah J. Griffin.(yv) |
| Minute Entry Case reopened. (yv) |
Filing 5
ORDER OF DISMISSAL: For the reasons set forth above, the Court dismisses, pursuant to Younger v. Harris, Griffin's claims seeking to enjoin or dismiss his pending state criminal proceedings. The Court declines to recharacterize this 2241 petition as asserting claims under 42 U.S.C. 1983, and dismisses the 2241 petition without prejudice for Griffin's failure to exhaust his state court remedies. Griffin may submit, within 30 days of the date of this order, an amended petition demonstrating that he has fully exhausted his grounds for relief by presenting them to the state court and appealing through one complete round of appellate review. If Griffin submits an amended petition, it must be mailed to the Pro Se Intake Unit and bear the docket number 20-CV-1707 (AJN) (SLC). If Griffin fails to submit an amended petition within the time allowed, the undersigned will recommend to the district judge that the action be dismissed without leave to replead. Because the petition at this time 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 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. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk of Court is respectfully directed to mail a copy of this order to Griffin at the address below, and note service on the docket. (Signed by Magistrate Judge Sarah L Cave on 3/10/2020) (rro) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #5 Order of Dismissal, to Jeremiah J. Griffin NYSID: 11722468Z B&C No. 1412000296 Anna M. Kross Correctional Facility 18-18 Hazen Street East Elmhurst, NY 11370..(vba) |
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Filing 3
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Habeas Corpus. Referred to Magistrate Judge Sarah L Cave. (Signed by Judge Alison J. Nathan on 2/28/2020) (tro)
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| Filing 2 CIVIL COVER SHEET filed. (sac) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $5.00, Receipt Number 465401255590) Document filed by Jeremiah J. Griffin. (sac) |
| Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sac) |
| Case Designated ECF. (sac) |
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