Sabino v. Port Authority Police Department
| Saul Sabino |
| Port Authority Police Department |
| 1:2022cv06229 |
| July 22, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Laura Taylor Swain |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 fd Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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This docket was last retrieved on September 13, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #7 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #7 Notice of Appeal filed by Saul Sabino were transmitted to the U.S. Court of Appeals. (tp) |
| MAILING RECEIPT: Document No: 5-6. Mailed to: Saul Sabino NYSID:01052307M B&C: 3492101344 18-18 Hazen Street East Elmhurst, NY 11370. Mailed: (Attachments: # 1 PRO SE APPEAL PACKAGE) (dsh) |
Filing 6
CIVIL JUDGMENT: For the reasons stated in the September 9, 2022, order, this action is dismissed. 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. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/9/2022) (Attachments: #1 Pro Se Appeal Package) (sac)
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Filing 5
ORDER OF DISMISSAL: The Court dismisses this action without prejudice for failure to respond to the Court's order. Because Petitioner has not at this time made a 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 in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to enter judgment in this action. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/9/2022) (sac)
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| Filing 7 NOTICE OF APPEAL from #6 Judgment - Sua Sponte (Petition), #5 Order of Dismissal. Document filed by Saul Sabino. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. IFP Application is attached. (tp) |
| Appeal Remark as to #7 Notice of Appeal filed by Saul Sabino. IFP Denied 09/09/2022. (tp) |
| Appeal Fee Due: for #7 Notice of Appeal. Appeal fee due by 9/21/2022. (tp) |
| MAILING RECEIPT: Document No: 4. Mailed to: Saul Sabino NYSID:01052307M B&C: 3492101344 18-18 Hazen Street East Elmhurst, NY 11370. (dsh) |
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Filing 4
ORDER: The Court directs Petitioner to notify the Court in writing, within 30 days, whether he wishes to withdraw this application (ECF 2) rather than have it recharacterized as a Section 2241 petition. For Petitioner's convenience, a declaration form is attached. Petitioner's written response must be submitted to this Court's Pro Se Intake Unit within 30 days of the date of this order, and bear the same docket number as this order, 22-CV-6229 (LTS). If Petitioner does not wish to have the application recharacterized as a Section 2241 petition, or does not respond within 30 days (or seek an extension of time to respond), the Court will dismiss this action without prejudice. Because Petitioner has not at this time made a 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 in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Laura Taylor Swain on 8/1/2022) (sac)
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| MAILING RECEIPT: Document No: 1. Mailed to: Saul Sabino NYSID:01052307M B&C: 3492101344 18-18 Hazen Street East Elmhurst, NY 11370. (kh) |
| Filing 3 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Saul Sabino. (Attachments: #1 Exhibit Main Document, #2 Exhibit Main Document, #3 Exhibit Main Document, #4 Exhibit Main Document, #5 Exhibit Main Document, #6 Exhibit Main Document) (sac) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Saul Sabino. (sac) |
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Filing 1
ORDER: Because removal of this criminal action is improper, it is remanded under 28 U.S.C. 1455(4) to the New York Supreme Court-Criminal Term. The Clerk of Court is directed to send a copy of this order to that court and to close this action. In order to address Petitioner's additional grounds for relief, the Court directs the Clerk of Court to open a new civil action. The Clerk of Court is further directed to file in the new civil action (1) a copy of this order; (2) the initial pleading from this action (ECF 2) as a petition for a writ of habeas corpus under Section 2241; and (3) the in forma pauperis application (ECF 1). (Signed by Judge Laura Taylor Swain on 7/22/2022) (sac)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
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| Petitioner: Saul Sabino | |
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| Respondent: Port Authority Police Department | |
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