Galladay v. Carter
| Kevin Galladay |
| Warden Mrs. Carter |
| 1:2023cv00823 |
| January 31, 2023 |
| US District Court for the Southern District of New York |
| James L Cott |
| Edgardo Ramos |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 st Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| MAILING RECEIPT: Document No: 6. Mailed to: Kevin Galladay 3492102919 18-18 Hazen St. Dorm 3 Upper East Elmhurst, NY 11370. (dsh) |
Filing 6
ORDER: The Court hereby grants Galladay until April 21, 2023 to file an amended 2241 petition or to otherwise respond. Failure to do so will result in dismissal of this action. The Clerk of Court is respectfully directed to mail a copy of this order to Galladay. It is SO ORDERED. ( Amended Pleadings due by 4/21/2023.) (Signed by Judge Edgardo Ramos on 3/22/2023) (tg)
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| MAILING RECEIPT: Document No: 5. Mailed to: Kevin Galladay 3492102919 18-18 Hazen St. Dorm 3 Upper East Elmhurst, NY 11370. (dsh) |
| Mailed a copy of Amended 2241 Petition for Writ of Habeas Corpus to Kevin Galladay 3492102919 18-18 Hazen St. Dorm 3 Upper East Elmhurst, NY 11370. (dsh) |
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Filing 5
ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Habeas Corpus. Referred to Magistrate Judge James L. Cott. SO ORDERED. (Signed by Judge Edgardo Ramos on 2/03/2023) (ama)
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| MAILING RECEIPT: Document No: 4. Mailed to: Kevin Galladay 3492102919 18-18 Hazen St. Dorm 3 Upper East Elmhurst, NY 11370. (dsh) |
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Filing 4
ORDER TO AMEND: The Court construes Petitioner's application as a petition for a writ of habeas corpus under 28 U.S.C. 2241. If Petitioner does not want to pursue relief under 2241, he may notify the Court in writing within thirty days that he wishes to withdraw the petition. If Petitioner wishes to proceed with a 2241 petition, he must file an amended 2241 petition that: (1) identifies the grounds on which he seeks relief; and (2) pleads facts showing that he has fully exhausted his claims by presenting the grounds for relief to the state courts. The amended petition for a writ of habeas corpus under 2241 must be submitted to the Court's Pro Se Intake unit within thirty days and bear the docket number 23 Civ. 0823 (ER). For Petitioner's convenience, an amended petition form is attached to this order. If Petitioner fails to respond and does not file an amended 2241 petition, the Court will dismiss this petition without prejudice. Because the petition at this time 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 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 Edgardo Ramos on 2/02/2023) (ama)
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| Filing 2 AFFIDAVIT of TRUTH. Document filed by Kevin Galladay..(rdz) Modified on 2/1/2023 (rdz). |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number 11878)Document filed by Kevin Galladay..(rdz) (Additional attachment(s) added on 2/1/2023: #1 Receipt) (rdz). |
| Case Designated ECF. (rdz) Modified on 2/1/2023 (rdz). |
| Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (rdz) |
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| Petitioner: Kevin Galladay | |
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| Respondent: Warden Mrs. Carter | |
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