Goding v. Capra
| Emil Goding |
| Michael Capra |
| 1:2020cv06733 |
| August 19, 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 #3 Judgment, #2 Order of Dismissal, to Emil Goding at 17-A-0611, Sing Sing Correctional Facility, 354 Hunter Street Ossining, NY 10562. (Attachments: # 1 Appeal Package).(dsh) |
Filing 3
CIVIL JUDGMENT: Pursuant to the order issued August 24, 2020, denying the current petition for a writ of habeas corpus without prejudice as duplicative, IT IS ORDERED, ADJUDGED AND DECREED that the current petition is denied without prejudice to the pending petition in Goding v. Capra, 1:20-CV-6390 (AJN) (OTW). Because the current petition makes no substantial showing of a denial of a constitutional right, acertificate 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 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 2
ORDER: Petitioner, who appears pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. 2254. The Court denies the current petition without prejudice for the following reasons. Petitioner has previously submitted to this Court a substantially similar petition, which is presently pending before District Judge Alison J. Nathan of this Court, and has been referred to Magistrate Judge Ona T. Wang of this Court, in Goding v. Capra, 1:20-CV-6390 (AJN) (OTW). As the current petition raises the same claims, no useful purpose would be served by litigating it. The current petition is therefore denied without prejudice to the pending petition in Goding, 1:20-CV-6390 (AJN) (OTW). The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. The current petition is denied without prejudice as duplicative. Because the current 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). (Signed by Judge Colleen McMahon on 8/24/2020) (nb) 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 Emil Goding..(rdz) |
| Case Designated ECF. (rdz) |
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| Respondent: Michael Capra | |
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| Petitioner: Emil Goding | |
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