New York Northern District Court
Judge:David N Hurd
Case #: 9:24-cv-00901
Nature of Suit530 Prisoner Petitions - Habeas Corpus - General
Cause28:2254 Petition for Writ of Habeas Corpus (State)
Case Filed:Jul 22, 2024
Terminated:Jul 30, 2024

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Docket last updated: 09/06/2024 11:59 PM EDT
Tuesday, July 30, 2024
3 3 order Judgment Tue 07/30 12:04 PM
JUDGMENT: IT IS ORDERED AND ADJUDGED that this action is dismissed in accordance with the #2 Decision and Order dated July 30, 2024 of Judge David N. Hurd which ORDERED that the petition for a writ of habeas corpus is DISMISSED WITHOUT PREJUDICE for failure to exhaust available state court remedies and ORDERED that no certificate of appealability shall be issued. (Copy served via regular mail) (meb)
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2 2 7 pgs order Order Tue 07/30 12:01 PM
DECISION AND ORDER: It is ORDERED that the petition, Dkt. No.1 , is DISMISSED WITHOUT PREJUDICE as premature for failure to exhaust available state court remedies; and it is further ORDERED that no certificate of appealability ("COA") shall issue in this case because petitioner has failed to make a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. § 2253(c)(2). Any further request for a COA must be addressed to the Court of Appeals (Fed. R. App. P. 22(b)). Signed by Judge David N. Hurd on 7/30/2024. (Copy served via regular mail)(meb)
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Monday, July 22, 2024
1 1 cmp Petition for Writ of Habeas Corpus Mon 07/22 3:34 PM
PETITION for Writ of Habeas Corpus (Filing fee $ 5.00, receipt number 500002011) filed by Abdul N. Ali.(meb)
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Att: 1 Cover letter and mailing envelope