Blanding v. Warden John/Jane Doe
| Johnny Blanding |
| Warden John/Jane Doe |
| 1:2020cv05588 |
| July 17, 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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| Document Text |
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| Mailed a copy of #4 Order of Dismissal, #5 Judgment, and Notice of Appeal Instructions to Johnny Blanding, DIN # 13-A-3005, B&C # 3491907402 at Vernon C. Bain Center, One Halleck St., Bronx, NY 10474. (kh) |
Filing 5
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the petition is dismissed without prejudice for failure to comply with the Court's order. Because the petition at this time 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 8/24/2020) (Attachments: #1 Appeal Package) (nb) Transmission to Docket Assistant Clerk for processing.
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Filing 4
ORDER OF DISMISSAL: By order dated July 21, 2020, the Court directed Petitioner, within thirty days, to submit a completed request to proceed in forma pauperis (IFP application) or pay the $5.00 in fees required to file a petition for a writ of habeas corpus in this Court.1 That order specified that failure to comply would result in dismissal of the petition. Petitioner has not filed an IFP application or paid the fee. Accordingly, the petition is dismissed without prejudice. See 28 U.S.C. 1914, 1915. The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. 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 IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Colleen McMahon on 8/24/2020) (nb) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #2 Order Directing Payment of Fee or IFP Application (Attachments: # 1 IFP Application), to Johnny Blanding at 13-A-3005, B&C No. 3491907402, Vernon C Bain Center, One Halleck St., Bronx, NY 10474. (dsh) |
| Filing 3 LETTER addressed to Judge Colleen McMahon from J. Blanding, re: The problem in this matter is that I appealed this case in 2016 and no answer, so I appealed in a Petition for Writ of Habeas Corpus under 28:2254 and backed it up with a 440.10 Motion etc. Document filed by Johnny Blanding.(sc) |
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Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Petitioner is directed to render payment of the $5.00 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 8/20/2020. In Forma Pauperis (IFP) Application due by 8/20/2020. (Signed by Judge Colleen McMahon on 7/21/2020) (Attachments: #1 IFP Application) (keb) 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..(bcu) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Johnny Blanding.(rdz) |
| Case Designated ECF. (rdz) |
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