Christman v. United States of America
| Silviano Christman |
| Robin Collins and United States of America |
| 7:2020cv08124 |
| September 30, 2020 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 fd |
| None |
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| Document Text |
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| Mailed a copy of #3 Order, Add and Terminate Parties to Silviano Christman, B&C No. 3491903612 at North Infirmary Command- Rikers Island, 15-00 Hazen St., East Elmhurst, NY 11370. (kh) |
Filing 3
ORDER: The Clerk of Court is directed to mail Petitioner a copy of this order to and note service on the docket. Christman's petition for a writ of habeas corpus under 28 U.S.C. 2241, is construed as a motion under 28 U.S.C. 2255. Within sixty days of the date of this order, Christman must either notify the Court in writing if he wishes to withdraw the motion, or, if he chooses not to withdraw the motion, file a declaration showing cause why the motion should not be denied as time-barred. For Christman's convenience, a declaration form is attached to this order. If he files a declaration within the time allowed, the Court will review it, and if proper, order that the motion be served on the Government. If Christman fails to comply with this order, and cannot show good cause to excuse such failure, the motion will be denied as time-barred. No answer will be required at this time. The Clerk of Court is also directed to substitute the United States of America as the Respondent on the docket and short caption of the civil case, No. 20-CV-8124. Because Christman has not at this time 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 under 28 U.S.C. l 915(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). (United States of America added. Robin Collins (Warden, North Infirmary Command (NIC)) terminated.) (Signed by Judge Cathy Seibel on 10/19/2020) (jwh) Transmission to Docket Assistant Clerk for processing.
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| Magistrate Judge Paul E. Davison is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (bcu) |
| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Unassigned is no longer assigned to the case..(bcu) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Silviano Christman..(rdz) (Additional attachment(s) added on 10/1/2020: #1 Addendum) (rdz). (Main Document 1 replaced on 10/20/2020) (rj). (Attachment 1 replaced on 10/20/2020) (rj). |
| Case Designated ECF. (rdz) |
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