Gakuba v. John/Jane Doe
| Peter Gakuba |
| Warden John/Jane Doe |
| 1:2022cv01039 |
| February 4, 2022 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| Filing 10 NOTICE OF APPEAL from #9 Judgment - Sua Sponte (Complaint) #8 Order of Dismissal. Document filed by Peter Gakuba. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (wb) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #10 Notice of Appeal filed by Peter Gakuba were transmitted to the U.S. Court of Appeals..(wb) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #10 Notice of Appeal. (wb) |
| Appeal Fee Due: for #10 Notice of Appeal IFP DENIED.. Appeal fee due by 3/9/2022..(wb) |
Filing 9
CIVIL JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that this successive petition for a writ of habeas corpus under 28 U.S.C. 2254 challenging Petitioner's Illinois conviction is dismissed without prejudice for lack of jurisdiction because Petitioner has not obtained authorization from the appropriate court of appeals. Because the petition, at this time, 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 2/22/22) (Attachments: #1 PRO SE APPEAL PACKAGE) (rdz) Transmission to Docket Assistant Clerk for processing.
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Filing 8
ORDER OF DISMISSAL: This successive petition for a writ of habeas corpus under 28 U.S.C. 2254 challenging Petitioner's Illinois conviction is dismissed without prejudice for lack of jurisdiction because Petitioner has not obtained authorization, under 28 U.S.C. 2244(b)(3)(A), from the appropriate court of appeals. 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. 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 to mail a copy of this order to Petitioner and note service on the docket. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/22/22) (rdz) Transmission to Docket Assistant Clerk for processing.
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| Filing 7 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Peter Gakuba.(sc) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(bcu) |
| Filing 6 SUPPLEMENTAL JURISDICTION/VENUE STATEMENT. Document filed by Peter Gakuba..(rdz) |
| Filing 5 JURISDICTION/VENUE STATEMENT. Document filed by Peter Gakuba. (rdz) |
| Filing 4 PETITIONER'S MOTION FOR FEE-FREE PACER ACCESS. Document filed by Peter Gakuba..(rdz) |
| 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).(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 John/Jane Doe | |
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