Baker v. Colvin

Baker v. Colvin

Petitioner:	Willie Baker
Respondent:	John Colvin
Case Number:	6:2017cv06063
Filed:	January 30, 2017
Court:	US District Court for the Western District of New York
Office:	Rochester Office
County:	Monroe
Presiding Judge:	Charles J. Siragusa
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
November 16, 2020	Filing 10 DECISION AND ORDER dismissing 1 Petition for Writ of Habeas Corpus filed by Willie Baker. The Court finds that Baker has failed to show that his due process rights were violated by the delay in perfecting his appeal. 28 U.S.C. § 2254(d)(1) . Accordingly, Baker's application under 28 U.S.C. § 2254 [ECF No. 1] is denied. The Clerk of the Court is hereby ordered to close this case. Pursuant to 28 U.S.C. § 2253, the Court declines to issue a certificate of appealability, s ince Baker has not made a substantial showing of the denial of a constitutional right. The Court hereby certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith and leave to appeal to the Co urt of Appeals as a poor person is denied. Coppedge v. United States, 369 U.S. 438 (1962). Further requests to proceed on appeal in forma pauperis should be directed on motion to the United States Court of Appeals for the Second Circuit in ac cordance with Rule 24 of the Federal Rules of Appellate Procedure. Signed by Hon. Charles J. Siragusa on 11/16/20. (KAP)CLERK OF THE COURT IS DIRECTED TO MAIL A COPY OF THIS NEF AND ORDER TO PRO SE PETITIONER AT FIVE POINTS.-CLERK TO FOLLOW UP-

Date Filed

Document Text

November 16, 2020

Filing 10 DECISION AND ORDER dismissing 1 Petition for Writ of Habeas Corpus filed by Willie Baker. The Court finds that Baker has failed to show that his due process rights were violated by the delay in perfecting his appeal. 28 U.S.C. § 2254(d)(1) . Accordingly, Baker's application under 28 U.S.C. § 2254 [ECF No. 1] is denied. The Clerk of the Court is hereby ordered to close this case. Pursuant to 28 U.S.C. § 2253, the Court declines to issue a certificate of appealability, s ince Baker has not made a substantial showing of the denial of a constitutional right. The Court hereby certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith and leave to appeal to the Co urt of Appeals as a poor person is denied. Coppedge v. United States, 369 U.S. 438 (1962). Further requests to proceed on appeal in forma pauperis should be directed on motion to the United States Court of Appeals for the Second Circuit in ac cordance with Rule 24 of the Federal Rules of Appellate Procedure. Signed by Hon. Charles J. Siragusa on 11/16/20. (KAP)CLERK OF THE COURT IS DIRECTED TO MAIL A COPY OF THIS NEF AND ORDER TO PRO SE PETITIONER AT FIVE POINTS.-CLERK TO FOLLOW UP-

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Petitioner: Willie Baker
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Respondent: John Colvin
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