Barajas v. Superintendent, of Five Points Correctional Facility et al
| Alejandro Marcias Barajas |
| Superintendent, of Five Points Correctional Facility and Letisha James |
| 1:2021cv06766 |
| August 11, 2021 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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This docket was last retrieved on September 28, 2021. A more recent docket listing may be available from PACER.
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| Mailed a copy of #6 Order 60 Days Other (case opening) to Alejandro Marcias Barajas, 10-A-5509 at Five Points Correctional Facility, State Rte. 96, P.O. Box 119, Romulus, NY 14541. (kh) |
Filing 6
ORDER: Petitioner is directed to file a declaration within sixty days of the date of this order showing why the petition should not be denied as time barred. A declaration form is attached to this order. If Petitioner timely files a declaration, the Court will review it, and if it shows that continuation of this proceeding is proper, will order the Respondents to answer. If Petitioner fails to comply with this order within the time allowed, and cannot show good cause to excuse such failure, the Court will deny the petition as time-barred. No answer shall be required at this time. 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. 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 IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/27/21) (rdz) Transmission to Docket Assistant Clerk for processing.
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Filing 5
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 9/23/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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| Filing 4 Original Signature Received from Alejandro Barajas re: #1 Request IFP. (sc) |
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Filing 3
ORDER DIRECTING ORIGINAL SIGNATURES: Plaintiff is directed to submit a signed signature page 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). Signature Page due by 9/13/2021. (Signed by Judge Laura Taylor Swain on 8/13/2021) (scn) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #3 Order Directing Original Signature to Alejandro Marcias Barajas, 10-A-5509 at Five Points Correctional Facility, State Rte. 96, P.O. Box 119, Romulus, NY 14541. (kh) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(wb) |
| Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: Westchester. Document filed by Alejandro Marcias Barajas..(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Alejandro Marcias Barajas..(rdz) |
| Case Designated ECF. (rdz) |
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