Walker v. Mills
| New York Eastern District Court | |
| Judge: | Eric N Vitaliano |
| Case #: | 1:17-cv-02308 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2241 Petition for Writ of Habeas Corpus (federa |
| Case Filed: | Apr 14, 2017 |
| Terminated: | Jun 08, 2017 |
Petitioner
Jermaine Walker
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Respondent
T. Mills
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GPO
Jun 07 2017
MEMORANDUM AND ORDER, Accordingly, Walker's application for a writ of habeas corpus, pursuant to 28 USC sec. 2241, is dismissed without prejudice. Because this petition presents no "substantial showing of the denial of a constitutional right," a Certificate of Appealability is Denied re: 1 Petition for Writ of Habeas Corpus. Walker is advised to raise any concerns re: the proceedings in his ongoing criminal case with his defense attorney and with the appropriate state court. Although petitioner paid the filing fee to commence this action, the Court certifies, pursuant to 28 USC sec. 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. The Clerk of Court is directed to enter judgment dismissing Walker's petition without prejudice and to close this case for administrative purposes. (Ordered by Judge Eric N. Vitaliano on 6/6/2017) c/m Fwd. for Judgment. (Galeano, Sonia) |