Rice v. Collin
| Daniel Rice |
| Robin Collin |
| 1:2020cv09045 |
| October 26, 2020 |
| US District Court for the Southern District of New York |
| Loretta A Preska |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 fd |
| None |
Docket Report
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| Document Text |
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Filing 3
ORDER: The Court construes Rice's application as a motion under 28 U.S.C. 2255 and directs the Clerk of Court to designate this case as one brought under 2255. Within sixty days of the date of this order, Rice must either notify the Court in writing if he wishes to withdraw the motion, or, if Rice chooses not to withdraw his motion, file a declaration showing cause why the motion should not be denied. For Rice's convenience, a declaration form is attached to this order. If Rice files a declaration within the time allowed, the Court will review it, and if proper, order that the motion be served on Respondent. If Rice fails to comply with this order, and cannot show good cause to excuse such failure, the motion will be denied. No answer will be required at this time. Because Rice has not at this time 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 Clerk of Court is directed to attach to this order a public docket sheet from Rice's criminal case (02-CR-0723-1). 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Loretta A. Preska on 11/16/2020) (va) Transmission to Office of the Clerk of Court for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Unassigned is no longer assigned to the case..(bcu) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Daniel Rice. (sac) |
| Case Designated ECF. (sac) |
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| Respondent: Robin Collin | |
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| Petitioner: Daniel Rice | |
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