Hueston v. Pliler
| Harry Hueston |
| Warden W.S. Pliler |
| 1:2022cv07926 |
| September 15, 2022 |
| US District Court for the Southern District of New York |
| 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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| Document Text |
|---|
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #3 Notice of Appeal filed by Harry Hueston were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #3 Notice of Appeal. (tp) |
| Filing 3 NOTICE OF APPEAL from #2 Transfer Order U.S.C.A. Document filed by Harry Hueston. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
| Appeal Fee Due: for #3 Notice of Appeal. Appeal fee due by 10/18/2022. (tp) |
| Appeal Remark as to #3 Notice of Appeal filed by Harry Hueston. IFP Denied 09/19/2022. (tp) |
| Pro Se Payment of Fee Processed: $5.00 Check processed by the Finance Department on 09/22/2022, Receipt Number 6203. (prs) |
| MAILING RECEIPT: Document No: 2. Mailed to: Harry Hueston 24910-083 Federal Correctional Institution P.O. Box 1000 Otisville, NY 10963. (kh) |
| Non-Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Non-Appeal Electronic Files for #1 Petition for Writ of Habeas Corpus filed by Harry Hueston, #2 Transfer Order U.S.C.A., were transmitted to the U.S. Court of Appeals. (tp) |
Filing 2
TRANSFER ORDER: In the interest of justice, the Court transfers this second or successive Section 2255 motion to the United States Court of Appeals for the Second Circuit under 28 U.S.C. 1631. Accord Liriano v. United States, 95 F.3d 119, 12223 (2d Cir. 1996) (per curiam) (holding that second or successive Section 2255 motions should be transferred to the appropriate court of appeals). This order closes this action. Because the motion 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, 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. Cf. Coppedge v. United States, 369 U.S. 438, 44445 (1962) (holding that "a defendant's good faith in [a criminal] case [is] demonstrated when he seeks appellate review of any issue not frivolous"). SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/19/22) (rdz) Transmission to Appeals Clerk.
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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) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Harry Hueston..(rdz) |
| Case Designated ECF. (rdz) |
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| Petitioner: Harry Hueston | |
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| Respondent: Warden W.S. Pliler | |
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