Inesti v. People of the State of NY
| Mark Inesti |
| People of the State of NY |
| 1:2020cv03988 |
| May 21, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on June 5, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Mailed a copy of #2 Order, to Mark Inesti, DIN No. 10A1169; Five Points Correctional Facility, State Route 96, P.O. Box 149, Romulus, NY 14541. (sac) |
| Received e-mail from the United States District Court - Eastern District of New York acknowledging receipt of transferred case. Assigned Case Number: 1:20-cv-02469, filed on 06/03/2020. (sjo) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (ad) |
Filing 2
TRANSFER ORDER: Petitioner, currently incarcerated at Clinton Correctional Facility, brings this pro se petition for a writ of habeas corpus under 28 U.S.C. 2254 challenging the constitutionality of his 1996 conviction in the New York Supreme Court, Kings County. Because Petitioner challenges a conviction and sentence from Kings County, which is located in the Eastern District of New York, this action is transferred under Local Rule 83.3 to the United States District Court for the Eastern District of New York. The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Eastern District of New York.Whether Petitioner should be permitted to proceed further without payment of fees is a determination to be made by the transferee court. This order closes the case in this Court. Because Petitioner has not at this time made a substantial showing of the 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 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, 44445 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Colleen McMahon on 5/27/2020) (sac) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing.
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| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Mark Inesti.(rdz) Modified on 5/27/2020 (sac). |
| Case Designated ECF. (rdz) |
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| Petitioner: Mark Inesti | |
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| Respondent: People of the State of NY | |
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