Hizbullahankhamon v. Yehl
| Qabail Hizbullahankhamon |
| C. Yehl |
| 1:2022cv07991 |
| September 15, 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 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
|---|
| Filing 5 NOTICE OF APPEARANCE by David M. Cohn on behalf of C. Yehl. (Attachments: #1 Affidavit Affidavit of Service).(Cohn, David) |
| Non-Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Non-Appeal Electronic Files for #4 Transfer Order U.S.C.A. were transmitted to the U.S. Court of Appeals..(nd) |
| MAILING RECEIPT: Document No: 4. Mailed to: Qabail Hizbullahankhamon (89-B-2119) Wende Correctional Facility P.O. Box 1187 Aiden, NY 14004-1187. (kh) |
Filing 4
TRANSFER ORDER: In the interest of justice, the Court transfers this application, construed as a petition under Section 2254, to the United States Court of Appeals for the Second Circuit. See 28 U.S.C. 1631; see also Liriano v. United States, 95 F.3d 119, 122-23 (2d Cir. 1996) (per curiam). This order closes this case. If the Court of Appeals authorizes Petitioner to proceed in this matter, he shall move to reopen this case under this civil docket number. Because Petitioner has not 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 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). SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/20/22) (rdz) Transmission to Appeals Clerk.
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| NOTICE OF CASE REASSIGNMENT to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
| Filing 3 APPLICATION to Appoint Counsel pursuant to 18 U.S.C. 3006(A)(g) (Habeas Corpus Petition). Document filed by Qabail Hizbullahankhamon..(rdz) |
| Filing 2 MEMORANDUM OF LAW in Support re: #1 Petition (Other). Document filed by Qabail Hizbullahankhamon. (Attachments: #1 Exhibit pt. 2, #2 Exhibit pt. 3, #3 Exhibit pt. 4, #4 Exhibit pt. 5, #5 Exhibit pt. 6).(rdz) (Additional attachment(s) added on 9/21/2022: #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (rdz). |
| Filing 1 PETITION for writ of habeas corpus pursuant to 28 USC 2254. Document filed by Qabail Hizbullahankhamon..(rdz) |
| Case Designated ECF. (rdz) |
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| Petitioner: Qabail Hizbullahankhamon | |
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| Respondent: C. Yehl | |
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