Encarnacion v. The Superintendent of Five Points C.F.
| Samuel Encarnacion |
| The Superintendent of Five Points C.F. |
| 1:2021cv07584 |
| September 9, 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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Filing 6
ORDER: By order dated September 27, 2021, the Court directed Petitioner, who appears pro se and is currently incarcerated, within 60 days, to show cause by declaration why the Court should not deny his petition for a writ of habeas corpus, brought under 28 U.S.C. 2254, as time barred. On October 18, 2021, the Court received a letter from Petitioner in which he requests an extension of time, until December 27, 2021, to comply with the Court's September 27, 2021 order. (ECF 5.) The Court grants Petitioner's request for an extension of time. Petitioner must comply with the Court's September 27, 2021 order by December 27, 2021. If Petitioner fails to comply by the extended deadline, the Court will deny the petition as time barred. The Court directs the Clerk of Court to mail a copy of this order to Petitioner and note service on the docket. SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/21/21) (rdz) Transmission to Docket Assistant Clerk for processing.
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| Set/Reset Deadlines: Show Cause Response due by 12/27/2021. (rdz) |
| Mailed a copy of #6 Order to Samuel Encarnacion, DIN: 07A7121 at Five Points Correctional Facility, 6600 State Route 96, P.O. Box 119, Romulus, NY 14541. (kh) |
| Filing 5 LETTER addressed to Judge Laura Taylor Swain from Samuel Encarnacion, dated 10/6/21 re: "REQUEST FOR A TIME EXTENSION" - I request a time extension to show cause before this Court as to why the petitioner's 28:2254 Habeas Corpus Petition is not time-barred due to reason that on 9/20/21 Petitioner was being transferred to Downstate Correctional Facility for another matter and was exposed to Covid-19 and placed on quarantine until 10/15/21. Because of this, the petitioner did not receive the Court's Order to Show Cause until 10/6/21. However, the petitioner is currently in transit status and does not have his property which includes his legal documents that the petitioner needs to properly respond to this Court's Order to Show Cause. Document filed by Samuel Encarnacion.(sc) |
| Mailed a copy of #4 Order 60 Days Other (case opening) to Samuel Encarnacion, DIN: 07A7121 at Five Points Correctional Facility, 6600 State Route 96, P.O. Box 119, Romulus, NY 14541. (kh) |
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Filing 4
ORDER: The Court grants Petitioner 60 days from the date of this order to show cause by declaration why the Court should not deny the petition as time-barred. A declaration form is attached to this order. If Petitioner timely files a declaration, the Court will review it, and if proper, will order Respondent 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 directs the Clerk of Court to mail a copy of this order to Petitioner and note service on the 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). SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/27/21) (Attachments: #1 Attachment) (rdz) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(wb) |
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Filing 3
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 9/16/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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| Filing 2 NOTICE OF APPEARANCE by Shera Ellen Knight on behalf of The Superintendent of Five Points C.F...(Knight, Shera) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: Bronx. Document filed by Samuel Encarnacion. (sac) |
| Case Designated ECF. (sac) |
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| Petitioner: Samuel Encarnacion | |
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| Respondent: The Superintendent of Five Points C.F. | |
| Represented By: | Shera Ellen Knight |
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