McFadden v. Keyser
| Robert McFadden |
| William Keyser |
| 1:2020cv00746 |
| June 17, 2020 |
| US District Court for the Western District of New York |
| John L Sinatra |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Filing 7 NOTICE of Appearance by Matthew B Keller on behalf of William Keyser (Keller, Matthew) |
| Filing 6 NOTICE of Change of Address by Robert McFadden. (JLV) |
Filing 5
ORDER that Petitioner's request to proceed in forma pauperis is Granted; that within 90 days of the date of this order, Respondent shall file and serve an answer and memorandum of law; Petitioner shall have 30 days upon receipt of the answer to file a written response ; within 30 days of the date this Order is filed, Respondent may file a motion for a more definite statement or a motion to dismiss, the Clerk of Court shall serve a copy of the petition and this order via Notice of Electronic Filing to Arlene Roces and Laura Lampert of the Office of the Attorney General, Federal Habeas Unit. Signed by Hon. John L. Sinatra, Jr. on 6/22/20. (Attachments: #1 Petition)(SG)
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| Plaintiff mailed #5 Order. (SG) |
| Filing 4 Case transferred in from District of New York Southern; Case Number 1:20-cv-04391. |
| Remark: Petitioner has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, and a civil case timeline. (CGJ) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Western District of New York. (sac) [Transferred from nysd on 6/17/2020.] |
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Filing 3
TRANSFER ORDER: Petitioner, currently incarcerated at Sullivan Correctional Facility, brings this pro se petition for a writ of habeas corpus under 28 U.S.C. 2254 challenging the constitutionality of his 2014 conviction in the State of New York County Court, Monroe County. Because Petitioner was convicted and sentenced in Monroe County, which is located in the Western District of New York, this action is transferred under Local Civil Rule 83.3 to the United States District Court for the Western District of New York. The Clerk of Court is 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 Western District of New York.Whether Petitioner should be permitted to proceed further without payment of fees is a determination to be made by the transferee court. This order closes this case. Because Petitioner has not at this time made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue under 28 U.S.C. 2253. 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. Cf. Coppedge v. United States, 369 U.S. 438, 44445 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Colleen McMahon on 6/9/2020) (sac) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from nysd on 6/17/2020.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (ad) [Transferred from nysd on 6/17/2020.] |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Robert McFadden. (sac) [Transferred from nysd on 6/17/2020.] |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Robert McFadden. (sac) [Transferred from nysd on 6/17/2020.] |
| Case Designated ECF. (sac) [Transferred from nysd on 6/17/2020.] |
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| Petitioner: Robert McFadden | |
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| Respondent: William Keyser | |
| Represented By: | Matthew B Keller |
| Represented By: | Arlene Roces and Laura Lampert (e-service only) |
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