Kemp v. Noeth

Filing 84

ORDER: Petitioner requests that the Court release him on his own recognizance pursuant to N.Y. Crim. Proc. § 530.30. That statute, however, authorizes only superior court judges to set or modify bail. Accordingly, as a U.S. magistrate judge, I lack the authority to act under the statute. Additionally, the statute applies only when a criminal action is pending in a local criminal court. Petitioner's case, now post-conviction, is pending in an appellate court, rather than a criminal court. Accordingly, Petitioner's request is DENIED. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 7/8/2024) (dsh)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------X 7/8/2024 GARY KEMP, 20-CV-09121 (RA)(SN) Petitioner, ORDER -againstJOSEPH NOETH, Respondent. ----------------------------------------------------------------X SARAH NETBURN, United States Magistrate Judge: Petitioner requests that the Court release him on his own recognizance pursuant to N.Y. Crim. Proc. § 530.30. That statute, however, authorizes only superior court judges to set or modify bail. Accordingly, as a U.S. magistrate judge, I lack the authority to act under the statute. Additionally, the statute applies only when “a criminal action is pending in a local criminal court.” Petitioner’s case, now post-conviction, is pending in an appellate court, rather than a criminal court. Accordingly, Petitioner’s request is DENIED. SO ORDERED. DATED: July 8, 2024 New York, New York SARAH NETBURN United States Magistrate Judge

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