Lucas v. Commissioner of Office of Mental Health
| Tony Lucas and Troy Lucas |
| Commissioner of Office of Mental Health |
| 1:2021cv10675 |
| December 14, 2021 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 st |
| None |
Docket Report
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Filing 5
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that the petition is denied. Because the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue under 28 U.S.C. 2253. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this judgment to Plaintiff and note service on the docket. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/10/22) (Attachments: #1 PRO SE APPEAL PACKAGE) (rdz) Transmission to Docket Assistant Clerk for processing.
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Filing 4
ORDER OF DISMISSAL: The Court denies the petition for a writ of habeas corpus under 28 U.S.C. 2241. Because the petition 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. See 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 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) (rdz) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #4 Order of Dismissal, #5 Judgment - Sua Sponte (Petition), to Troy Lucas at Manhattan Psychiatric Center, 600 E. 125th Street, Building 110, New York, NY 10035-6000. (Attachments: # 1 PRO SE APPEAL PACKAGE) (dsh) |
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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 12/17/2021) (vn) 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..(bcu) |
| Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Troy Lucas..(rdz) Modified on 12/16/2021 (rdz). |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Tony Lucas..(rdz) (Main Document 1 replaced on 12/14/2021) (rdz). |
| Case Designated ECF. (rdz) |
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