Kemp v. Noeth ( 2020 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK GARY KEMP, Petitioner, 20-CV-9121 (CM) -against- 20-CV-10012 (CM) JOSEPH NOETH, ORDER Respondent. COLLEEN McMAHON, Chief United States District Judge: By order dated November 4, 2020, the Court notified Petitioner Gary Kemp that his petition for a writ of habeas corpus under 28 U.S.C. § 2254, which had been opened as an action under docket number 20-CV-9121, was deficient because the signature page was missing. On November 25, 2020, Petitioner filed a signed petition for a writ of habeas corpus under 28 U.S.C. § 2254. This petition likely was filed in response to the Court’s November 4, 2020 order, but it was opened as a new action under docket number 20-CV-10012, instead of being filed as an amended petition in his original action. The Court therefore directs the Clerk of Court to (1) administratively close the action under docket number 20-CV-10012; and (2) file the § 2254 petition, which is currently docketed as ECF No. 1 in the action under docket number 20-CV-10012, as an amended petition in the action under docket number 20-CV-9121. Thereafter, the claims asserted in Petitioner’s November 25, 2020 petition will proceed under docket number 20-CV-9121. The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. 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). SO ORDERED. Dated: December 8, 2020 , New York, New York bie. yk COLLEEN McMAHON Chief United States District Judge