In re: Peter Gakuba
| Peter Gakuba |
| Warden |
| 1:2021cv08121 |
| September 29, 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 11
ORDER: The Court denies, under Rule 62.1(a)(2) of the Federal Rules of Civil Procedure, all of Petitioner's pending motions and requests for relief, and directs the Clerk of Court to terminate all pending motions and requests in this action. (ECF 7, 9, & 10.) 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). Petitioner has consented to electronic service of court documents. (ECF 3.) (Signed by Judge Laura Taylor Swain on 10/14/2021) (sac)
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| Filing 10 PETITIONER'S MOTION TO STRIKE/WITHDRAW ECF 7 - MOTION TO DISMISS WITHOUT PREJUDICE, ECF 9 - NOTICE TO THE COURT, re: Document No. [#7 AND #9]. Document filed by Peter Gakuba.(sc) |
| Mailed a copy of #1 Request to Proceed In Forma Pauperis, #3 Pro Se Consent to Receive Electronic Service, #4 MOTION for Permission for Peter Gakuba to participate in electronic case filing in this case., certified copy of #6 Transfer Order U.S.C.A., #5 MOTION FOR FEE-FREE PACER ACCESS., #2 Petition (Other) and a certified copy of the docket sheet to U.S. Court of Appeals for the Seventh Circuit, Everett McKinley Dirksen United States Courthouse, 219 S. Dearborn Street, Room 2722 Chicago, IL 60604 by UPS 2nd Day Air Tracking # 1Z E22 E53 37 1005 385 3. (dsh) |
| Filing 9 PETITIONER'S NOTICE TO THE COURT, re: Gakuba has filed an appeal's notice of the transfer order of 10/5/21, supra.; and that Petitioner will voluntarily dismiss the appeal as moot upon the grant of his pending Motion to Dismiss. re: #8 Notice of Appeal. Document filed by Peter Gakuba. (sc) |
| Filing 8 NOTICE OF APPEAL from #6 Transfer Order U.S.C.A. Document filed by Peter Gakuba. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
| Filing 7 PETITIONER'S MOTION TO DISMISS WITHOUT PREJUDICE. Document filed by Peter Gakuba.(sc) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #8 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #8 Notice of Appeal filed by Peter Gakuba were transmitted to the U.S. Court of Appeals. (tp) |
| Appeal Fee Due: for #8 Notice of Appeal. Appeal fee due by 10/19/2021. (tp) |
| Appeal Remark as to #8 Notice of Appeal filed by Peter Gakuba. COA and IFP Denied 10/04/2021. (tp) |
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Filing 6
TRANSFER ORDER: In the interest of justice, the Court transfers this action to the United States Court of Appeals for the Seventh Circuit. See 28 U.S.C. 1631; Liriano v. United States, 95 F.3d 119, 122-23 (2d Cir. 1996). This order closes this action in this court. Because Petitioner has not 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 in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Petitioner has consented to electronic service of court documents. (ECF 3.) The Court denies Petitioners "motion to electronic file per CM/ECF" and his "motion for fee-free PACER access" as moot, but without prejudice to Petitioner's filing such motions in the Seventh Circuit. (ECF 4 & 5.) (Signed by Judge Laura Taylor Swain on 10/4/2021) (sac)
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| Transmission to Docket Assistant Clerk. Transmitted re: #6 Transfer Order U.S.C.A., to the Docket Assistant Clerk for case processing. (sac) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(bcu) |
| Filing 5 PETITIONER'S MOTION FOR FEE-FREE PACER ACCESS. Document filed by Peter Gakuba.(sc) |
| Filing 4 PETITIONER'S MOTION TO ELECTRONIC FILE PER CM/ECF, re: for Permission for Peter Gakuba to participate in electronic case filing in this case. Document filed by Peter Gakuba.(sc) |
| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Peter Gakuba consents to receive electronic service via the ECF system. Document filed by Peter Gakuba.(rdz) |
| Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254.Document filed by Peter Gakuba. (Attachments: #1 Exhibit, #2 Exhibit)(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Peter Gakuba.(rdz) |
| Case Designated ECF. (rdz) |
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| Petitioner: Peter Gakuba | |
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| Respondent: Warden | |
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