Fall v. Kopp
| Cheichk Fall |
| M. Kopp |
| 1:2023cv09683 |
| November 2, 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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| Document Text |
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| MAILING RECEIPT: Document No: 5. Mailed to: Cheichk Fall 19-A-2420 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (sha) |
Filing 5
ORDER DIRECTING PAYMENT OF FEES OR IFP APPLICATION: Petitioner 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 12/7/2023. In Forma Pauperis (IFP) Application due by 12/7/2023. (Signed by Judge Laura Taylor Swain on 11/7/2023) (Attachments: #1 Supplement IFP application) (scn)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
| Filing 4 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:23-cv-07723. 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
TRANSFER ORDER: The petition for Writ of Habeas Corpus is hereby transferred to the United States District Court for the Southern District of New York, pursuant to Local Rule 83.3 of this Court. That provision of Rule 83.1 of the Local Rules of the Eastern District of New York, which requires a seven-day delay, is waived. The Court notes that Petitioner failed to pay the five-dollar filing fee or to request permission to proceed in forma pauperis.The Clerk of Court is respectfully 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 Southern District of New York.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. Coppedge v. United States, 369 U.S. 438, 44445 (1962). Ordered by Magistrate Judge Peggy Kuo on 10/20/2023. (RO) [Transferred from New York Eastern on 11/2/2023.]
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| Case transferred to District of Southern District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (AM) [Transferred from New York Eastern on 11/2/2023.] |
| Filing 2 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (KD) [Transferred from New York Eastern on 11/2/2023.] |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Cheichk Fall. (Attachments: #1 Civil Cover Sheet) (KD) [Transferred from New York Eastern on 11/2/2023.] |
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| Petitioner: Cheichk Fall | |
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| Respondent: M. Kopp | |
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