Fredricks v. V.C.B.C.
| Warden Renie |
| Nigel Fredricks |
| V.C.B.C. |
| 1:2021cv08586 |
| October 18, 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 9 LETTER from N. Fredericks, dated 12/10/21 re: I am writing in regard to the above-referenced case of finding good cause for a valid excuse of not meeting the standards within the 30-day timeframe of amending my Petition. An extension in this case would be needed etc. Document filed by Nigel Fredricks.(sc) |
| Mailed a copy of #8 Order to Nigel Fredricks, NYSID: 01469075Z, B&C No. 1411904251 at G.R.V.C., 09-09 Hazen Street, East Elmnhurst, NY 11370. (kh) |
Filing 8
ORDER: The Court denies Petitioner's request to treat the original petition, rather than the amended petition, as the operative pleading in this action. (ECF 7.) If Petitioner wishes to proceed with a petition under 28 U.S.C. 2241, he must file a second amended petition for a writ of habeas corpus under Section 2241 that: (1) identifies the grounds on which he seeks relief; and (2) pleads facts showing that he has fully exhausted his claims by presenting the grounds for relief to the state courts. The second amended petition for a writ of habeas corpus under Section 2241 must be submitted to the Court's Pro Se Intake unit within thirty days and bear the docket number 21-CV-3690 (LTS). For Petitioner's convenience, a second amended petition form is attached to this order. If Petitioner fails to respond and does not file an amended Section 2241 petition, the Court will dismiss this Section 2254 petition without prejudice because it does not seek relief from a state court judgment. Because the petition at this time makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 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 IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is directed mail a copy of this order to the Petitioner and note service on the docket. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/8/21) (rdz) Transmission to Docket Assistant Clerk for processing.
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| Filing 7 LETTER from N. Fredericks, dated 12/1/21 re: I ask for the Court to proceed with this case as the original, not amended; because if you do this, I will not have leave to renew my Complaint etc. Document filed by Nigel Fredricks.(sc) |
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Filing 6
ORDER TO AMEND: If Petitioner wishes to proceed with a petition under 28 U.S.C. 2241, he must file a second amended Section 2241 petition that: (1) identifies the grounds on which he seeks relief; and (2) pleads facts showing that he has fully exhausted his claims by presenting the grounds for relief to the state courts. The second amended petition for a writ of habeas corpus under Section 2241 must be submitted to the Court's Pro Se Intake unit within thirty days and bear the docket number 21-CV-3690 (LTS). For Petitioner's convenience, a second amended petition form is attached to this order. If Petitioner fails to respond and does not file an amended Section 2241 petition, the Court will dismiss this Section 2254 petition without prejudice because it does not seek relief from a state court judgment. Because the petition at this time makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 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 IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is directed mail a copy of this order to the Petitioner and note service on the docket. (Signed by Judge Laura Taylor Swain on 12/6/2021) (sac) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #6 Order 30 Days Amended Complaint (case opening) to Nigel Fredricks, NYSID: 01469075Z, B&C No. 1411904251 at G.R.V.C., 09-09 Hazen Street, East Elmnhurst, NY 11370. (kh) |
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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 11/29/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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| Filing 4 AMENDED PETITION UNDER 28:2254 FOR WRIT OF HABEAS CORPUS ETC., re: amending #1 Petition for Writ of Habeas Corpus 2254 County of Conviction: New York against Warden Renie, V.C.B.C. Document filed by Nigel Fredricks. Related document: #1 Petition for Writ of Habeas Corpus.(sc) |
| Filing 3 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Nigel Fredricks.(sc) |
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Filing 2
ORDER DIRECTING ORIGINAL SIGNATURE AND PAYMENT OF FEE OR IFP APPLICATION: Plaintiff 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 11/19/2021. In Forma Pauperis (IFP) Application due by 11/19/2021. (Signed by Judge Laura Taylor Swain on 10/20/2021) (Attachments: #1 Supplement Signature page, #2 Supplement IFP application) (scn) 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) |
| Mailed a copy of #2 Order Directing Payment of Fee or IFP Application to Nigel Fredricks, NYSID: 01469075Z, B&C No. 1411904251 at Anna M. Kross Correctional Facility, 18-18 Hazen Street, East Elmnhurst, NY 11370. (kh) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: New York. Document filed by Nigel Fredricks. (sac) |
| Case Designated ECF. (sac) |
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