Kemp v. Noeth
| Gary Kemp |
| Joseph Noeth |
| 1:2020cv10012 |
| November 25, 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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This docket was last retrieved on December 21, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 4 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Gary Kemp.(sc) |
Filing 3
ORDER re: (1 in 1:20-cv-10012-CM) Petition for Writ of Habeas Corpus filed by Gary Kemp. By order dated November 4, 2020, the Court notified Petitioner Gary Kemp that his petition for a writ of habeas corpus under 28 U.S.C. 2254, which had been opened as an action under docket number 20-CV-9121, was deficient because the signature page was missing. On November 25, 2020, Petitioner filed a signed petition for a writ of habeas corpus under 28 U.S.C. 2254. This petition likely was filed in response to the Court's November 4, 2020 order, but it was opened as a new action under docket number 20-CV-10012, instead of being filed as an amended petition in his original action. The Court therefore directs the Clerk of Court to (1) administratively close the action under docket number 20-CV-10012; and (2) file the 2254 petition, which is currently docketed as ECF No. 1 in the action under docket number 20-CV-10012, as an amended petition in the action under docket number 20-CV-9121. Thereafter, the claims asserted in Petitioner's November 25, 2020 petition will proceed under docket number 20-CV-9121. 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 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 12/8/2020) (sac) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #2 Order Directing Payment of Fee or IFP Application to Gary Kemp, DIN No. 17A0730 at Attica Correctional Facility, Box 149, Attica, NY 14011-0149. (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 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 12/30/2020. In Forma Pauperis (IFP) Application due by 12/30/2020. (Signed by Judge Colleen McMahon on 11/30/2020) (Attachments: #1 IFP Application) (dmg) 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 Gary Kemp. (sac) |
| Case Designated ECF. (sac) |
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| Respondent: Joseph Noeth | |
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| Petitioner: Gary Kemp | |
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