United States District Court, D. Connecticut
MICHAEL A. YOUNG, Petitioner,
CAROL CHAPDELAINE, Respondent.
RULING AND ORDER
W. Thompson United States District Judge.
February 3, 2016, the court dismissed the petition for
failure to exhaust his state court remedies on all grounds
for relief before commencing this action. The petitioner
sought reconsideration of that order. On February 26, 2016,
after considering the petitioner's arguments, the court
denied the requested relief. In addition, the court denied
the petitioner's motion for a certificate of
appealability. The petitioner then filed motions to reopen
this case and expand the records. The court denied these
motions and, again, denied a certificate of appealability.
pending are the petitioner's motions seeking a
certificate of appealability and release pending appeal,
asking the court to forward the record to the Court of
Appeals and furnish the petitioner a copy, seeking an
expedited stay of the judgment in this case and an order of
release until the judgment is final, and a request to grant
Certificate of Appealability and Immediate
court dismissed the petition and declined to reconsider the
dismissal because the petitioner failed to show that he
exhausted his state court remedies before commencing this
action. See Docs. ##13, 21. The court denied a certificate of
appealability because reasonable jurists would not find it
debatable that the petitioner has not exhausted his state
court remedies on any ground for relief contained in his
original petition. The petitioner has not presented any
evidence with his motion that could lead the court to alter
that determination. Accordingly, the motion for a certificate
of appealability is being denied.
petitioner also seeks immediate release pending final
determination of his case. As the court has concluded that
the petitioner has failed to exhaust his state court remedies
and determined, in denying his motion for a certificate of
appealability, that any appeal is unlikely to be successful,
the request for immediate release is being denied.
Forwarding the Record
petitioner requests that the court forward the record in this
case to the Court of Appeals. This was done on April 28,
2016, upon receipt of the petitioner's amended notice of
appeal. Thus, the petitioner's request is being denied as
petitioner also seeks a complete copy of the record on
appeal. Although the petitioner was granted leave to proceed
in forma pauperis in this action, the statute, 28 U.S.C.
§ 1915, does not include the right to a free copy of the
court record. See Collins v. Goord, 438 F.Supp.2d
399, 416 (S.D.N.Y. 2006) (inmates have no constitutional
right to free copies).
documents contained in the record that were submitted by the
petitioner are already in his possession. Any written order
issued by the court was mailed to the petitioner and any
electronic notice generated in this case was sent to the
correctional facility to be delivered to the petitioner.
Finally, any documents filed by the respondent have been
certified as served by mail on the petitioner. Thus, the
record in this case is within the petitioner's
the petitioner alleges selective withholding of court orders,
he identifies no document that was not received. Thus, his
request for a copy of the record is being denied. The Clerk
is directed to send the petitioner a copy of the docket sheet
in this case. If there are any documents he did not receive,
the petitioner may contact the Clerk to ascertain the cost of
a copy of that document.
Expedited Stay and Release and Request to Grant
petitioner asks the court to stay the judgment entered in
this case. The record shows that the habeas petition was
dismissed without prejudice on February 3, 2016, but that no
judgment has entered. Thus, any request to stay the judgment
is being denied as moot. Any request for reconsideration of
the dismissal of the petition is being denied for the reasons
stated in the court's prior ruling on the
petitioner's motion for reconsideration. See Doc. #21.
Any request for immediate release is being denied for the
reasons stated above.
the petitioner has filed a motion asking the court to grant
his motion for stay or order a hearing on his request for
release. As the court has ...