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pgs
order
Order Transferring Case (Successive Petition)
Tue 02/18 2:48 PM
ORDER TRANSFERRING CASE AS SUCCESSIVE PETITION. This Court transfers this case to the US Court of Appeals for the Second Circuit. ( Ordered by Judge Brian M. Cogan on 2/18/2025 ) c/m to petitioner. (RG)
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transfer
Case Transferred In - District Transfer (DEACTIVATED EVENT - DO NOT USE)
Fri 02/14 9:44 AM
Case transferred in from District of New York Southern; Case Number 1:25-cv-00824. Original file certified copy of transfer order and docket sheet received.
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misc
ECF Admission and Registration Notification - Transfer
Fri 02/14 9:50 AM
The case of Milton v. James , has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 25-cv-849 .
PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (SDM)
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MAILING RECEIPT: Document No: 4. Mailed to: Robert Milton 14-A-4359 Wallkill Correctional Facility 50 McKendrick Road P.O. Box G C-1-37 Wallkill, NY 12589. [Transferred from New York Southern on 2/14/2025.]
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MAILING RECEIPT: Document No: 3. Mailed to: Robert Milton 14-A-4359 Wallkill Correctional Facility 50 McKendrick Road P.O. Box G C-1-37 Wallkill, NY 12589. [Transferred from New York Southern on 2/14/2025.]
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ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Petitioner is directed to render payment of the $5.00 filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. 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). Filing Fee due by 3/3/2025. In Forma Pauperis (IFP) Application due by 3/3/2025. (Signed by Judge Laura Taylor Swain on 1/31/2025) (keb) [Transferred from New York Southern on 2/14/2025.]
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Att: 1
IFP application
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MAILING RECEIPT: Document No: 2. Mailed to: Robert Milton 14-A-4359 Wallkill Correctional Facility 50 McKendrick Road P.O. Box G C-1-37 Wallkill, NY 12589. (anc) [Transferred from New York Southern on 2/14/2025.]
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TRANSFER ORDER: Accordingly, the Court directs the Clerk of Court to transfer this action to the United States District Court for the Eastern District of New York. Whether Petitioner may be permitted to proceed further without payment of fees is a determination to be made by the transferee court. This order closes the case in the Southern District of New York. 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). SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/29/2025) (vfr) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 2/14/2025.]
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) [Transferred from New York Southern on 2/14/2025.]
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CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(rro) [Transferred from New York Southern on 2/14/2025.]
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STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may[LINK:consent to electronic service] to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for[LINK:permission to file documents electronically] . Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/24) (rdz) [Transferred from New York Southern on 2/14/2025.]
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PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Robert Milton..(rdz) [Transferred from New York Southern on 2/14/2025.]
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Att: 1
Exhibit Attachment
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Case Designated ECF. (rdz) [Transferred from New York Southern on 2/14/2025.]
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