Hudson v. New York Statw Dutchess County Didtrict Attorney
| Robert Hudson |
| New York Statw Dutchess County Didtrict Attorney |
| 7:2021cv00626 |
| January 20, 2021 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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| Document Text |
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| Mailed a copy of #7 Clerk's Judgment, and Notice of Appeal Instructions, to Robert Hudson at 254 Hicks Hill Road, Stanfordville, NY 12581. (kh) |
| Filing 7 CLERK'S JUDGMENT re: #6 Order. in favor of New York Statw Dutchess County Didtrict Attorney against Robert Hudson. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated February 18, 2021, the Court construes the pleadings as a petition for a writ of habeas corpus under 28 U.S.C. 2254 and denies it without prejudice to Petitioner's filing another such petition once he has exhausted his available state court remedies; because the petition makes no substantial showing of the denial of a constitutional right, a certificate of appealability will not issue; 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. (Signed by Clerk of Court Ruby Krajick on 2/19/2021) (Attachments: #1 Notice of Right to Appeal) (dt) Transmission to Docket Assistant Clerk for processing. |
Filing 6
ORDER: The Court respectfully directs the Clerk of Court to mail a copy of this Order to Petitioner and note service on the docket. The Court construes the pleading as a petition for a writ of habeas corpus under 28 U.S.C. 2254 and denies it without prejudice to Petitioner's filing another such petition once he has exhausted his available state court remedies.5 Because the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. As Petitioner paid $402 in fees to bring this action, and as the Court construes the pleading as a 2254 petition, the Court also directs the Clerk of Court to issue a refund to Petitioner in the amount of $397. See 28 U.S.C. 1914(a) ($5 filing fee to bring a habeas corpus petition). 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 Court further directs the Clerk of court to enter judgment denying the petition without prejudice. SO ORDERED. (Signed by Judge Philip M. Halpern on 2/18/2021) (kv) Transmission to Finance Unit (Cashiers) for processing. Transmission to Orders and Judgments Clerk for processing.
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| Filing 5 SUMMONS ISSUED as to New York State Dutchess County District Attorney. (ok) |
| Filing 4 LETTER from Robert Hudson dated 2/15/2021 re: I have two times asked the U.S. District Court Clerk for a summons stamped and Signed by the United States District Court Southern District of New York...Complainant Requests an Extension of Time to Perfect the Amended Complaint. Document filed by Robert Hudson. (ok) |
| Filing 2 LETTER addressed to Judge Colleen McMahon from Robert Hudson dated 1/25/2021 re: Complainants payment receipt show that Complainants Complaint was received upon January 31, 2021 when the complaint was received and in possesion of the court...Upon February 1,2021 Complainant came to White Plains U.S. District clerks Office and requested the docket number and Summons to be served but the filing Clerk gave to complainant only the payment receipt, attached.. Document filed by Robert Hudson. (ok) |
| Filing 1 COMPLAINT against New York Statw Dutchess County Didtrict Attorney. (Filing Fee $ 402.00, Receipt Number 268847391517)Document filed by Robert Hudson. (Attachments: #1 Exhibit, #2 Receipt). (rdz) Modified on 1/27/2021 (sac). |
| Case Designated ECF. (rdz) |
| Magistrate Judge Andrew E. Krause 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. (rdz) |
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| Defendant: New York Statw Dutchess County Didtrict Attorney | |
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| Plaintiff: Robert Hudson | |
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