Tolliver v. Capra
Petitioner: Eric Tolliver
Respondent: Michael Capra
Case Number: 1:2020cv11133
Filed: December 30, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Colleen McMahon
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 19, 2021 Received e-mail from the United States District Court - Northern District of New York acknowledging receipt of transferred case. Assigned Case Number: 9:21-cv-00061, filed on 01/19/2021. (sjo)
January 12, 2021 Mailed a copy of #2 Order, to Eric Tolliver, DIN No. 94B1363 at Sing Sing Correctional Facility, 354 Hunter Street, Ossining, NY 10562. (dsh)
January 11, 2021 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York.(nb)
January 11, 2021 Opinion or Order Filing 2 TRANSFER ORDER: Petitioner, currently incarcerated in Sing Sing Correctional Facility, brings this pro se petition for a writ of habeas corpus under 28 U.S.C. 2254, challenging the constitutionality of his 1996 conviction in the New York Supreme Court, Onondaga County. Because Petitioner was convicted and sentenced in Onondaga County, which is located in the Northern District of New York, this action is transferred under Local Rule 83.3 to the United States District Court for the Northern District of New York. The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Northern District of New York. Whether Petitioner should be permitted to proceed further without payment of fees is a determination to be made by the transferee court. This order closes this case. Because Petitioner has not at this time made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue under 28 U.S.C. 2253. 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. Cf. Coppedge v. United States, 369 U.S. 438, 44445 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Colleen McMahon on 1/11/2021) (nb) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing.
January 11, 2021 NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(bcu)
December 30, 2020 Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Eric Tolliver. (Attachments: #1 Main Document, #2 Main Document, #3 Main Document) (sac)
December 30, 2020 Case Designated ECF. (sac)

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Petitioner: Eric Tolliver
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Respondent: Michael Capra
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