Fraiser v. Howard
| Damien Fraiser and Damien Fraser |
| David Howard |
| 1:2021cv09904 |
| November 22, 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 7
ORDER: The Court grants Petitioner leave to file a declaration, within 60 days of the date of this order, in which he shows cause why the Court should not deny his Section 2254 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, 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, or if the declaration is insufficient to demonstrate that the petition was timely filed, 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 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 1/10/22) (Attachments: #1 Attachment) (rdz) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #7 Order 60 Days Other (case opening), to Damien Fraser, 17-A-2680 at Woodbourne Corr. Fac., 99 Prison Rd, Woodbourne, NY 12788. (dsh)
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Filing 6
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 12/21/2021) (vn) Transmission to Docket Assistant Clerk for processing.
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Filing 5
Original Signature Received from Damien Fraser re: #2 Petition for Writ of Habeas Corpus. (sc)
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Filing 4
ORDER DIRECTING ORIGINAL SIGNATURE: Petitioner is directed to submit signed signature pages to the Court within thirty (30) days of the date of this Order. 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 Pages due by 12/29/2021. (Signed by Judge Laura Taylor Swain on November 29, 2021) (Attachments: #1 Petition Signature Page, #2 IFP Signature Page) (jjg) Transmission to Docket Assistant Clerk for processing. (Attachment 2 replaced on 11/29/2021) (jjg).
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Filing 3
NOTICE OF APPEARANCE by Jennifer Lynn Watson on behalf of David Howard..(Watson, Jennifer)
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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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Mailed a copy of #4 Order Directing Original Signature, to Damien Fraiser, 17-A-2680 at Woodbourne Corr. Fac., 99 Prison Rd, P.O. Box 1000, Woodbourne, NY 12788. (dsh)
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Filing 2
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: Bronx. Document filed by Damien Fraiser.(rdz)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Damien Fraiser.(rdz)
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Case Designated ECF. (rdz)
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