Diaz v. The People of the State of New York
| Carlos Diaz |
| The People of the State of New York |
| 1:2023cv03845 |
| May 4, 2023 |
| 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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This docket was last retrieved on June 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 5 LETTER addressed to Judge Laura Taylor Swain from C. Diaz, re: I write this honorable Court to find out about an order which I received from this Court dated 5/8/23. I understand that there was an electronic Writ of Habeas Corpus submitted on my behalf on 5/5/23, so the one that I sent to the Court via Certified Mail dated 5/8/23 was dismissed, because it was an exact duplicate the Court has said. I ask this Court if it can tell me the name of the sender who deposited it in the Court mailbox electronically etc. Document filed by Carlos Diaz.(sc) |
| MAILING RECEIPT: Document No: 3-4. Mailed to: Carlos Diaz DIN:16A0371 P.O. Box 2001 Dannmore, NY 12929. (kh) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac) |
Filing 4
CIVIL JUDGMENT: For the reasons stated in the May 8, 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 5/8/2023) (Attachments: #1 Pro Se Appeal Package) (sac)
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Filing 3
ORDER OF DISMISSAL: This petition for a writ of habeas corpus under 28 U.S.C. 2254 is dismissed without prejudice as duplicative of the Section 2254 petition under docket number 23-CV-3800. All further submissions should be made in the pending action under docket number 23-CV-3800. Because the motion at this time makes no substantial showing of a denial of constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. 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). The Clerk of Court shall enter judgment in this matter. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/8/2023) (sac)
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| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Carlos Diaz. (sac) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: New York. Document filed by Carlos Diaz. (sac) |
| Case Designated ECF. (sac) |
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| Petitioner: Carlos Diaz | |
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| Respondent: The People of the State of New York | |
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