Rios v. Miller
| Johnny Rios |
| Mark Miller |
| 1:2023cv02932 |
| April 6, 2023 |
| US District Court for the Southern District of New York |
| 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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This docket was last retrieved on April 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 4 LETTER from J. Rios, dated 4/20/23 re: I understand the Honorable Judge Swain's decision (to transfer), and I respect it as such. However, my only issue is that I paid the $5.00 filing fee. As you will se in the enclosed appendix, the money was sent on 4/4/23 at 7:39 AM(see Appendix A). The only reason that I am elucidating this to you is on account of Judge Swain stating that I did not pay the filing fee. Document filed by Johnny Rios.(sc) |
| Received e-mail from the United States District Court - Eastern District of New York acknowledging receipt of transferred case. Assigned Case Number: 1:23-cv-03005, filed 04/19/2023.(dsh) |
| MAILING RECEIPT: Document No: 3. Mailed to: Johnny Rios 10-A-5047 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582-4000. (kh) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(rdz) |
Filing 3
TRANSFER ORDER: Petitioner, currently incarcerated at Green Haven Correctional Facility, brings this pro se petition for a writ of habeas corpus under 28 U.S.C. 2254 challenging the constitutionality of his August 26, 2010, conviction in the New York Supreme Court, Kings County. Because Petitioner was convicted and sentenced in Kings County, which is located in the Eastern District of New York, this action is transferred under Local Rule 83.3 to the United States District Court for the Eastern District of New York. The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Eastern District of New York. Whether Petitioner should be permitted to proceed further without payment of fees is a determination to be made by the transferee court. This order closes this case. 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 under 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, 44445 (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 4/11/23) (rdz) Transmission to Office of the Clerk of Court for processing.
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| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Johnny Rios..(rdz) |
| Case Designated ECF. (rdz) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
| Filing 2 LETTER from Johnny Rios re: I recently filed a 28 U.S.C. for a Second Writ of Habeas Corpus.. Document filed by Johnny Rios..(rdz) |
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| Petitioner: Johnny Rios | |
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| Respondent: Mark Miller | |
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