Dushevic v. Warden of Lackwanna County Prison

Filing 22

ORDER: Petitioner now files the instant "Notice of Motion to Show Cause" dated 4/21/2010 from the Republic of Montenegro. Liberally construing this pro se submission, petitioner seeks to reopen the habeas petition that was closed in 2005. However, the Court finds that there is no basis to reopen this case. Accordingly, petitioner's 21 motion is DENIED. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. SO ORDERED. (Ordered by Judge Carol B. Amon, on 6/10/2010) C/mailed. (Latka-Mucha, Wieslawa)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

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TOMA DUSEVHIC, Petitioner, -againstWARDEN OF LACKAWANNA COUNTY PRISON, Respondent.

NOT FOR PUBLICATION

ORDER 03-CV -6423 (CBA)

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AMON, United States District Judge: In 2003, petitioner Toma Dusevhic filed apro se petition for a writ of habeas corpus pursuant to 28 U.S.c. § 2254. In 2004, petitioner was deported to the Republic of Montenegro (formerly Yugoslavia) based on three prior criminal convictions not the subject of the habeas petition before the Court. By Memorandum and Order dated February 14,2005, the Court denied the petition for a writ of habeas corpus as moot. Over five years later, petitioner now files the instant "Notice of Motion to Show Cause" dated April 21, 2010 from the Republic of Montenegro. Liberally construing this pro se submission, petitioner seeks to reopen the habeas petition that was closed in 2005. However, the Court finds that there is no basis to reopen this case. See Fed. R. Civ. P. 60(b). Accordingly, petitioner's motion is DENIED. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438,444-45 (1962). SO ORDERED. Dated: June I U , 2010 Brooklyn, New York

/S/
&01 Bagley Allflon D United States District Judge

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