Shepherd v. Annucci
||May 18, 2017
||US District Court for the Northern District of New York
||Lawrence E. Kahn
|Nature of Suit:
||Habeas Corpus (General)
|Cause of Action:
||28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
|Jury Demanded By:
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|March 22, 2018
ORDER: ORDERED, that, due to Petitioner's failure to comply with the Court's July 2017 Order (Dkt. No. 7) and January 2018 Order (Dkt. No. 8), the Petition (Dkt. No. 1) is DISMISSED. ORDERED, that no certificate of appealability ("C OA") shall issue in this case because Petitioner has failed to make a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. § 2253(c)(2). Signed by Senior Judge Lawrence E. Kahn on 3/22/18. (served on petitioner by regular mail)(alh, )
|July 17, 2017
DECISION AND ORDER: ORDERED, that Petitioner must submit a written response to this Order by August 21, 2017, either (1) consenting to the recharacterization of his Petition as a complaint under 42 U.S.C. § 1983, or (2) demonstrating why he pro perly filed the present action as a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 and, therefore, why the Court should not recharacterize it as a complaint under § 1983. Petitioners failure to timely respond to this Orde r will result in the recharacterization of this Petition as a § 1983 civil rights complaint. ORDERED, that if Petitioner consents to the recharacterization or does not file a response to this order by August 21, 2017, demonstrating why the Pe tition should not be recharacterized as a complaint under § 1983, he shall submit an amended compliant under 42 U.S.C. § 1983 by August 21, 2017. Signed by Senior Judge Lawrence E. Kahn on 7/17/17. ( Case Review Deadline 8/21/2017) (served on petitioner by regular mail)(alh, )
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