Mitchell v. Copp
Elbert Mitchell |
Ms. Kopp and Ms. Copp |
1:2023cv08319 |
September 18, 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
This docket was last retrieved on October 16, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 4 LETTER addressed to Judge Laura Taylor Swain from E. Mitchell, dated 10/11/23 re: I received a Transfer Order from you with the numbers 1:23-cv-8319(LTS) etc. I filed a 440.10 newly discovered evidence motion in the trial court(state). There was a Decision & Order, and I was denied because the judge felt that I could have raised this issue before. Document filed by Elbert Mitchell.(sc) |
Non-Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Non-Appeal Electronic Files for #1 Petition for Writ of Habeas Corpus filed by Elbert Mitchell, #2 Request to Proceed In Forma Pauperis filed by Elbert Mitchell, #3 Transfer Order U.S.C.A. were transmitted to the U.S. Court of Appeals.(km) |
MAILING RECEIPT: Document No: 3. Mailed to: Elbert Mitchell DIN:89A0453 354 Hunter Street Ossining, NY 10562. (sha) |
Filing 3 TRANSFER ORDER: In the interest of justice, the Court transfers this action to the United States Court of Appeals for the Second Circuit as a second or successive Section 2254 habeas corpus action. See 28 U.S.C. 1631; Liriano v. United States, 95 F.3d 119, 122-23 (2d Cir. 1996). This order closes this action in this court. If the Second Circuit authorizes Petitioner to proceed in this matter, he shall move to reopen this action under this civil docket number. Because Petitioner has not made a substantial showing of the denial of a 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). SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/4/2023) (sac) Transmission to Appeals Clerk. |
NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac) |
Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Elbert Mitchell. (sac) |
Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: New York. Document filed by Elbert Mitchell. (sac) |
Case Designated ECF. (sac) |
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