Jones v. McCormack
Plaintiff: Rafael Arden Jones
Defendant: Ned McCormack
Case Number: 1:2023cv08296
Filed: September 19, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Laura Taylor Swain
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241 fd Petition for Writ of Habeas Corpus (Federal)
Jury Demanded By: None
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on November 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 8, 2023 MAILING RECEIPT: Document No: 13-14. Mailed to: Rafael Arden Jones 8952300111 O.B.C.C. 16-00 Hazen Street 8L East Elmhurst, NY 11370. (sha)
November 7, 2023 Opinion or Order Filing 14 CIVIL JUDGMENT. For the reasons stated in the November 6, 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 11/7/23) (yv) Modified on 11/7/2023 (yv).
November 6, 2023 Opinion or Order Filing 13 BAR ORDER UNDER 28 U.S.C. 1651 re: #1 Petition for Writ of Habeas Corpus filed by Rafael Arden Jones. The Court hereby bars Petitioner from filing future habeas corpus petitions challenging his ongoing criminal proceedings, arising from a September 14, 2021 arrest, IFP in this court without first obtaining from the court leave to file. See 28 U.S.C. 1651. Petitioner must attach a copy of his proposed habeas corpus petition and a copy of this order to any motion seeking leave to file. The motion must be filed with the Pro Se Intake Unit of this court. If Petitioner violates this order and files an action without filing a motion for leave to file, the action will be dismissed for failure to comply with this order. Petitioner is further warned that the continued submission of nonmeritorious documents may result in the imposition of additional sanctions, including monetary penalties. See id. The Clerk of Court is directed to close this action and terminate any motions in this case. Petitioner remains barred under 28 U.S.C. 1651, from filing any new action IFP without first obtaining leave to file, Jones v. Stewart, ECF 16-CV-2375, 9 (S.D.N.Y. Aug. 25, 2016), and under 28 U.S.C. 1915(g), from bringing any new civil action IFP while he is a prisoner, Jones v. Police Officer Jane Doe, ECF 1:21-CV-9199, 15 (S.D.N.Y. Nov. 16, 2021). 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 Clerk of Court is directed to enter judgment in this case. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/6/23) (yv) Modified on 11/7/2023 (yv).
November 2, 2023 Filing 12 DECLARATION IN OPPOSITION TO ORDER OF DISMISSAL & TO SHOW CAUSE UNDER 28:1651 DATED 10/16/23 [RESPONSE to re: #4 Order 30 Days Other (case opening)]. Document filed by Rafael Arden Jones. (sc)
October 23, 2023 Filing 10 LETTER from Rafael Jones, dated 10/13/23 re: PLAINTIFF- PETITION PURS. TO 18:1028 VIOLATIONS OF IDENTITY THEFT & THEFT OF PLAINTIFF PROPERTY IN STATE CUSTODY. Document filed by Rafael Arden Jones.(sc)
October 20, 2023 Filing 11 LETTER from Rafael Jones, dated 11/16/23 re: TRIAL BY JURY DEMAND IN 10 DAYS - PETITIONER'S CONSENT UNDER 28:636(c)(4) TO ALL PROCEEDINGS TO BE HEARD BY UNITED STATES DISTRICT JUDGE, CITING DUE PROCESS CLAUSES OF 6TH & 14TH AMENDMENTS USCA CONST. Document filed by Rafael Arden Jones.(sc)
October 19, 2023 Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Rafael Arden Jones 8952300111 at O.B.C.C. 16-00 Hazen Street 8L East Elmhurst, NY 11370 on 10/19/2023. (sha)
October 18, 2023 MAILING RECEIPT: Document No: 4. Mailed to: Rafael Arden Jones 8952300111 O.B.C.C. 16-00 Hazen Street 8L East Elmhurst, NY 11370. (sha)
October 17, 2023 Filing 9 LETTER from Rafael Jones, dated 10/13/23 re: Plaintiff will prove overt act in this nexus to overthrow our United States Government by specific credible alegations etc. Whereas the plaintiff must seek redress from a governmental entity(U.S. v. Schranee 727F2d 91,94 & N.Y. (4th Cir. 1984). Document filed by Rafael Arden Jones.(sc)
October 16, 2023 Filing 6 PLAINTIFF'S PETITION CITING IMMINENT DANCER PURS. TO 28: 1915(G) FOR VIOLATIONS OF 1ST, 7TH, & 14TH AMENDMENTS ETC. Document filed by Rafael Arden Jones. (sc) (Additional attachment(s) added on 10/17/2023: #1 Exhibit 1) (sc).
October 16, 2023 Filing 5 LETTER from Rafael Jones, dated 11/8/23 re: "VIOLATION OF 18:1341, 287, 371, 1001, 1342, 1343, 1961 ET. SEQ., 2314; 7:2 ET SEQ., MAIL FRAUD THAT INVOLVES FINANCIAL INSTITUTIONS, ELEMENTS OF SCHEME. Document filed by Rafael Arden Jones.(sc)
October 16, 2023 Opinion or Order Filing 4 ORDER OF DISMISSAL AND TO SHOW CAUSE UNDER 28 U.S.C. 1651: This petition, filed IFP under 28 U.S.C. 1915(a)(1), is denied as barred by the Younger abstention doctrine. Because Petitioner makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue under 28 U.S.C. 2253. Petitioner shall have thirty days to show cause by declaration why an order should not be entered barring him from filing any future habeas corpus petitions challenging his ongoing criminal proceedings, arising from a September 14, 2021 arrest, IFP in this court without prior permission. A declaration form is attached to this order. The Clerk of Court is instructed to hold this matter open on the docket until judgment is entered. 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). SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/16/2023) (sac)
October 13, 2023 Filing 8 PETITIONER'S MOTION,Re: for Summary Judgment. Document filed by Rafael Arden Jones.(sc)
October 13, 2023 Filing 7 LETTER from Rafael Jones, dated 11/6/23 re: Please file these documents in the above case, and afterwards forward me the docket sheet copy. Document filed by Rafael Arden Jones.(sc)
October 13, 2023 Request for Copy of the updated Docket Sheet Received: Re #7 Letter. Request for Docket Report, from Rafael Jones received on 10/13/23. Transmission to Pro Se Assistants for processing. (sc)
September 26, 2023 MAILING RECEIPT: Document No: 3. Mailed to: Rafael Arden Jones 8952300111 O.B.C.C. 16-00 Hazen Street 8L East Elmhurst, NY 11370. (sha)
September 21, 2023 Opinion or Order Filing 3 ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 9/21/2023) (vn)
September 21, 2023 NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac)
September 19, 2023 Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Rafael Arden Jones..(rdz)
September 19, 2023 Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Rafael Arden Jones..(rdz)
September 19, 2023 Case Designated ECF. (rdz)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Jones v. McCormack
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Rafael Arden Jones
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Ned McCormack
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?