Milchamot v. Warden of O.B.C.C.
| New York Southern District Court | |
| Judge: | Laura Taylor Swain |
| Case #: | 1:25-cv-03528 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | Apr 28, 2025 |
| Terminated: | May 02, 2025 |
Create an account to get the full party report for this case.
| Docket last updated: 05/09/2025 11:59 PM EDT |
| Monday, May 05, 2025 | ||
|
misc
Mailing Receipt
Mon 05/05 11:49 AM
MAILING RECEIPT: Document No: 4-5. Mailed to: Yehudah Milchamot NYSID:13906015M B&C: 2412402302 Otis Bantum Correctional Center 16-00 Hazen Street E. Elmhurst, NY 11370. (nb) |
||
| Friday, May 02, 2025 | ||
| 5 | 5
order
Judgment
Fri 05/02 11:02 AM
CIVIL JUDGMENT: For the reasons stated in the April 30, 2025, order, this action is dismissed. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from the Court's judgment 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). Because the petition, at this time, makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. (Signed by Judge Laura Taylor Swain on 5/2/2025) (km) |
|
|
Att: 1
Appeal Package
|
||
| Thursday, May 01, 2025 | ||
|
misc
Mailing Receipt
Thu 05/01 10:42 AM
MAILING RECEIPT: Document No: 2. Mailed to: Yehudah Milchamot NYSID:13906015M B&C: 2412402302 Otis Bantum Correctional Center 16-00 Hazen Street E. Elmhurst, NY 11370. (kgo) |
||
| Wednesday, April 30, 2025 | ||
| 4 | 4
2
pgs
order
Order of Dismissal
Fri 05/02 8:50 AM
ORDER OF DISMISSAL: The Court dismisses this petition for a writ of habeas corpus as duplicative of Petitioners pending action under docket number 25-CV-2979 (LTS). 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Because the petition, at this time, makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. The Clerk of Court is directed to enter judgment in this matter. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/30/2025) (mml) |
|
| 3 | 3
notice
Notice of Appearance
Wed 04/30 4:13 PM
NOTICE OF APPEARANCE by David M. Cohn on behalf of Warden of O.B.C.C...(Cohn, David) |
|
|
Att: 1
Affidavit of Service
|
||
| 2 | 2
order
Standing Order re Cases Filed By Pro Se Plaintiffs
Wed 04/30 8:51 AM
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 3/18/2024) (sac) |
|
|
service
Note Regarding Service on Self-Represented Party
Wed 04/30 8:50 AM
CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see[LINK:Rule 9.2] of the courts ECF Rules & Instructions for further information. (sac) |
||
|
notice
Notice of Case Assignment/Reassignment - Sua Sponte
Wed 04/30 10:20 AM
NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(kgo) |
||
| Monday, April 28, 2025 | ||
| 1 | 1
cmp
Petition for Writ of Habeas Corpus
Wed 04/30 8:48 AM
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. County of Conviction: Bronx. Document filed by Yehudah Milchamot. (sac) |
|
|
utility
Case Designated ECF
Wed 04/30 8:49 AM
Case Designated ECF. (sac) |
||