Parsley v. Lamanna
| Charles Parsley |
| J. Lamanna |
| 1:2019cv04756 |
| May 22, 2019 |
| US District Court for the Southern District of New York |
| Louis L Stanton |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
|---|
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Charles Parsley 13-A-3143 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582 on 7/18/2019. (nb) |
| Filing 5 LETTER from Charles Parsley, dated 7/8/19 re: Petitioner writes that he sent his application to show that he should not be time-barred; and he requests that the Court inform him as to whether it received this application and processed it. Document filed by Charles Parsley.(sc) |
| Request for Copy of the updated Docket Sheet Received: Re #5 Letter. Request for Docket Report, from C. Parsley received on 7/16/19. Transmission to Pro Se Assistants for processing. (sc) |
| Mailed a copy of #4 Order 60 Days Other (case opening), to Charles Parsley 13-A-3143 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582. (aea) |
Filing 4
ORDER. The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Petitioner, and note service on the docket. Within sixty days of the date of this order, Petitioner must show cause why the petition should not be denied as time-barred. A declaration form is attached to this order. If Petitioner timely files a declaration, the Court will review it, and if proper, will order that the petition be served on Respondent. If Petitioner fails to comply with this order within the time allowed, and cannot show good cause to excuse such failure, the petition will be denied. No answer shall be required at this time. Because Petitioner has not at this time made a substantial showing of a 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). The Clerk of Court is directed to docket this as a "written opinion" within the meaning of Section 205(a)(5) of the E-Government Act of 2002. SO ORDERED. (Signed by Judge Louis L. Stanton on 5/31/2019) (rjm) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Unassigned is no longer assigned to the case. (rjm) |
| Mailed a copy of #3 Order Granting IFP Application, to Charles Parsley 13-A-3143 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582. (aea) |
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Filing 3
ORDER GRANTING IFP APPLICATION: Petitioner submitted to the Court state-court forms a "Notice of Motion to Proceed as a Poor Person Pursuant to CPLR 1101(f), 1102" and an attached "Affidavit in Support of Application to Proceed as a Poor Person Pursuant to CPLR 1101(f), 1102" captioned for the New York State Supreme Court. (ECF No. 2.) Petitioner's submissions are construed as a request to proceed without prepayment of fees, that is, in forma pauperis. Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. (Signed by Judge Colleen McMahon on 5/28/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Charles Parsley.(rdz) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Charles Parsley.(rdz) |
| Case Designated ECF. (rdz) |
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| Petitioner: Charles Parsley | |
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| Respondent: J. Lamanna | |
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