Garland v. Carter et al
| Tamarkqua Garland |
| Judge John Carter and Michael J. Schordine |
| 1:2022cv08712 |
| October 13, 2022 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 8 LETTER from T. Garland, dated 12/6/22 re: "JUDICIAL ERROR & MISCONDUCT UNDER THE COLOR OF LAW" - Judge Carter acted with impunity towards the law by failure to execute judicial duty in a timely manner etc. Document filed by Tamarkqua Garland.(sc) |
| MAILING RECEIPT: Document No: 7. Mailed to: Tamarkqua Garland 15-A-2152 Clinton Correctional Facility 1156 Rt. 374-POB 2001 Dannemora, NY 12909. (dsh) |
Filing 7
ORDER TO AMEND: Plaintiff is hereby notified that the Court finds that this complaint should be construed as a petition for a writ of habeas corpus under 28 U.S.C. 2254 challenging the constitutionality of his 2015 conviction. If Plaintiff does not want to pursue relief under Section 2254, he may notify the Court in writing within 60 days that he wishes to withdraw his complaint. If Plaintiff wishes to proceed under Section 2254, he must file an amended Section 2254 petition that names his custodian as respondent, and includes all of the grounds on which he challenges his conviction, and includes any grounds for statutory or equitable tolling. An amended Section 2254 petition form is attached to this order. The amended petition must be submitted to the Courts Pro Se Intake Unit within 60 days, and be labeled with this docket number, 22-CV-8712 (LTS). If Plaintiff does not withdraw the complaint or submit an amended Section 2254 petition within the time allowed, or request an extension of time to do so, the complaint will remain designated as a Section 2254 petition and be dismissed without prejudice. If Plaintiff wishes to file a civil rights action repleading his claims under 42 U.S.C. 1983, regarding a use of force incident in 2014 or 2015, he must file an amended civil rights complaint within 60 days of the date of this order. The amended civil rights complaint must be submitted, together with an in forma pauperis application and prisoner authorization form. Once it is filed under this docket number, 22-CV-8712 (LTS), the Court will direct that it be treated as a separate civil action. At this time, no answer shall be required, and no summons shall issue. Because Petitioner has not at this time 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 10/24/22) (rdz)
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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 6 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:22-cv-03462. Original file certified copy of transfer order and docket entries received. |
| Case Designated ECF. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba) |
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Filing 5
TRANSFER ORDER: As set forth in the attached Order, this action is TRANSFERRED to the Southern District of New York. See 28 U.S.C. 112(b), 1406(a). The decision on Plaintiff's application to proceed in forma pauperis, see ECF No. 2, is reserved for the transferee court. The provision of Local Civil Rule 83.1 requiring a seven-day delay between a transfer order and the effectuation of the transfer is waived. No summons shall issue from this Court, and the Clerk of Court is directed to close this case and to mail a copy of this Order to Plaintiff. SEE ATTACHED ORDER. Ordered by Judge Diane Gujarati on 10/4/2022. (KA) [Transferred from New York Eastern on 10/13/2022.]
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Case transferred to the Southern District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. Ordered by Judge Diane Gujarati on 10/4/2022. (KA) [Transferred from New York Eastern on 10/13/2022.]
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| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) [Transferred from New York Eastern on 10/13/2022.] |
| Filing 3 Prisoner Authorization (Davis, Kimberly) [Transferred from New York Eastern on 10/13/2022.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Tamarkua Garland. (Davis, Kimberly) [Transferred from New York Eastern on 10/13/2022.] |
| Filing 1 COMPLAINT against John Carter, Michael J. Schordine, filed by Tamarkua Garland. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) [Transferred from New York Eastern on 10/13/2022.] |
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