Blanding v. Warden
| Johnny Blanding |
| Warden |
| 1:2020cv07786 |
| September 22, 2020 |
| US District Court for the Southern District of New York |
| George B Daniels |
| J Paul Oetken |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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Filing 3
TRANSFER ORDER: The Court transfers this action to the United States Court of Appeals for the Second Circuit for the reason set forth below. The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. In the interest of justice, the petition is transferred to the United States Court of Appeals for the Second Circuit. See 28 U.S.C. 1631; see also Liriano v. United States, 95 F.3d 119, 122-23 (2d Cir. 1996) (per curiam). This order closes this case. If the Court of Appeals authorizes Petitioner to proceed in this matter, he shall move to reopen this case under this civil docket number. Because Petitioner has not made a substantial showing of the 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). SO ORDERED. Mailed via Inter-Office Mail. (Signed by Judge J. Paul Oetken on 10/5/2020) (ks) Transmission to Appeals Clerk.
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| Non-Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Non-Appeal Electronic Files for #3 Transfer Order U.S.C.A., were transmitted to the U.S. Court of Appeals. (tp) |
| NOTICE OF CASE REASSIGNMENT to Judge J. Paul Oetken. Judge George B. Daniels is no longer assigned to the case..(wb) |
| Pro Se Payment of Fee Processed: $5.00 Check processed by the Finance Department on 8/12/2020, Receipt Number 465401264666. (sw) |
| 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) |
| Magistrate Judge Kevin Nathaniel Fox 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. (rdz) |
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| Petitioner: Johnny Blanding | |
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| Respondent: Warden | |
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