Simpson v. Keyser
| Theodore Simpson |
| William F. Keyser |
| 1:2020cv06408 |
| August 11, 2020 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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Filing 7
ORDER. The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. The Court construes Petitioner's claims as seeking habeas corpus relief under 28 U.S.C. 2254. The Court directs Petitioner to show cause, within 60 days of the date of this order, why his claims challenging the imposition of his Bronx County sentences should not be transferred to the United States Court of Appeals for the Second Circuit as second or successive. The Court also grants Petitioner 60 days to submit written notification to the Court of his withdrawal of his remaining claims for 2254 habeas corpus relief. The Court further grants Petitioner 60 days' leave to submit an amended petition for a writ of habeas corpus under 2254 containing the information specified above. If Petitioner files an amended petition, the Court will understand that filing as Petitioner's consent to proceed with his claims for relief under 2254. Petitioner may list, in his amended petition, his reasons why his claims challenging the imposition of his Bronx County sentences should not be transferred to the Second Circuit. The amended petition must be submitted to the Court's Pro Se Intake Unit, be captioned as an "Amended Petition," and bear the same docket number as this order. An Amended Petition Under 28 U.S.C. 2254 form is attached to this order, which Petitioner should complete as specified above. Petitioner is advised that if he files an amended petition, it will completely replace his original pleading. If Petitioner fails to comply with this order within the time allowed, and cannot show good cause to excuse such failure, the Court will deny Petitioner's claims for habeas corpus relief without prejudice. Because Petitioner has not at this time made a 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 IFP 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 Alison J. Nathan on 10/4/2020) (rjm) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #7 Order 60 Days Amended Complaint (case opening), to Theodore Simpson, DIN 96-A-3862, Sullivan Correctional Facility, P.O. Box 116, Fallsburg, NY 12733-0116. (dsh) |
| NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Colleen McMahon is no longer assigned to the case..(bcu) |
| Magistrate Judge Katharine H. Parker 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. (bcu) |
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Filing 5
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 9/28/2020) (vn) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #5 Order Granting IFP Application to Theodore Simpson, DIN 96-A-3862, Sullivan Correctional Facility, P.O. Box 116, Fallsburg, NY 12733-0116. (dsh) |
| Filing 4 PRISONER AUTHORIZATION. Document filed by Theodore Simpson.(sc) |
| Filing 3 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Theodore Simpson.(sc) |
| Mailed a copy of #2 Order Directing Payment of Fee or IFP Application, and an IFP application, to Theodore Simpson, DIN # 96-A-3862 at Sullivan Correctional Facility, P.O. Box 116, Fallsburg, NY 12733-0116. (kh) |
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Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Petitioner 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 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 9/17/2020. In Forma Pauperis (IFP) Application due by 9/17/2020. (Signed by Judge Colleen McMahon on August 18, 2020) (Attachments: #1 IFP application) (jjg) 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 NOTICE OF MOTION FOR JUDICIAL INTERVENTION. Document filed by Theodore Simpson..(rdz) (Additional attachment(s) added on 8/14/2020: #1 Appendix) (rdz). |
| Case Designated ECF. (rdz) |
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| Petitioner: Theodore Simpson | |
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| Respondent: William F. Keyser | |
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