Luis v. Stone
| Murillo Cabezas Luis |
| Stacey N. Stone |
| 1:2023cv01001 |
| February 7, 2023 |
| 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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This docket was last retrieved on March 27, 2023. A more recent docket listing may be available from PACER.
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| MAILING RECEIPT: Document No: 6,7. Mailed to: Murillo Cabezas Luis 13912-104 Otisville Federal Correctional Institute Inmate Mail/Parcels P.O. Box 1000 Otisville, NY 10963. (ok) |
Filing 7
CIVIL JUDGMENT: For the reasons stated in the March 23, 2023, 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 3/23/23) (Attachments: #1 PRO SE APPEAL PACKAGE) (rdz)
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Filing 6
ORDER OF DISMISSAL: By order dated February 9, 2023, the Court directed Petitioner, within thirty days, to submit a completed request to proceed in forma pauperis ("IFP application") or pay the $402.00 in fees required to file a civil action in this court. That order specified that failure to comply would result in dismissal of the petition. Petitioner has not filed an IFP application or paid the fees. Accordingly, the petition is dismissed without prejudice. See 28 U.S.C. 1914, 1915. Because the petition 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 IFP 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). The Court directs the Clerk of Court to enter judgment in this action. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/23/23) (rdz)
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| MAILING RECEIPT: Document No: 5. Mailed to: Murillo Cabezas Luis 13912-104 Otisville Federal Correctional Institute Inmate Mail/Parcels P.O. Box 1000 Otisville, NY 10963. (dsh) |
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Filing 5
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 3/13/2023. In Forma Pauperis (IFP) Application due by 3/13/2023. (Signed by Judge Laura Taylor Swain on 2/9/2023) (sha)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac) |
| Filing 4 CASE TRANSFERRED IN from the United States District Court - District of Georgia Southern; Case Number: 3:23-cv-00005. 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 3
ORDER Transferring Petitioner's #1 Petition for Writ of Habeas Corpus to the United States District Court for the Southern District of New York further consideration an directs the Clerk to forward the file to that District. Signed by Magistrate Judge Brian K. Epps on 1/25/2023. (ca) [Transferred from Georgia Southern on 2/7/2023.]
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| Set/Reset Deadlines: Compliance re #2 due by 2/13/2023. (gmh) [Transferred from Georgia Southern on 2/7/2023.] |
| Filing 2 NOTICE of Deficiency. Filing fee not paid. Filing fee or Motion to Proceed In Forma Pauperis must be submitted within 21 days from the date of this Notice. Failure to comply with this notice may result in dismissal by the Court. (gmh) Modified on 1/24/2023 (gmh). [Transferred from Georgia Southern on 2/7/2023.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Murillo Cabezas Luis. (gmh) [Transferred from Georgia Southern on 2/7/2023.] |
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| Petitioner: Murillo Cabezas Luis | |
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| Respondent: Stacey N. Stone | |
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