Pluff v. Uhler
| Stephen Pluff |
| Donald Uhler |
| 9:2018cv00914 |
| August 3, 2018 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Franklin |
| David N Hurd |
| Daniel J Stewart |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on September 29, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 7
TEXT ORDER. The Court is in receipt of petitioner's letter motion (Dkt. No. #6 ) asking the Court for assistance and further clarification about the format and substance of the timeliness affidavit petitioner was directed to file per the Court's Decision and Order dated August 15, 2018 (Dkt. No. 3). The sworn statement needs to be provided to the Court on or before October 31, 2018. There is no particular format required for the submission, all that needs to be included is the information which the Court requested. As to the particular substance of the affidavit, petitioner is directed to refer to the Court's August Order as it outlines the specific information the Court requires. The Clerk is directed to send petitioner a copy of the Court's August Order (Dkt. No. 3). Authorized by Judge David N. Hurd on 9/27/18. {text order and copy of dkt. no. 3 served via regular mail on petitioner}(nas, )
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| Filing 6 Letter Motion from Stephen Pluff requesting Court assistance in filing affirmation. (nas, ) |
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Filing 5
TEXT ORDER RE #4 : Petitioner is granted an extension of time until 10/31/18 to comply with the Court's 8/15/18 Decision and Order. The Clerk is directed to provide petitioner with a copy of Dkt. No. 3. Authorized by Judge David N. Hurd on 9/4/18. {text order and copy of dkt. no. 3 served via regular mail on petitioner}(nas)
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| Filing 4 Letter Motion from Stephen Pluff requesting an extension of time and NOTICE OF CHANGE OF ADDRESS from Upstate Correctional Facility to Five Points Correctional Facility. (nas, ) |
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Filing 3
DECISION AND ORDER: ORDERED that 1. Petitioner may file a written affirmation, within thirty (30) days of the filing date of this Decision and Order, explaining why the statute of limitations should not bar this petition, the manner in which he exhausted his claims in state court, and what, if any, circumstances support the equitable tolling of his claims; 2. The affirmation shall not exceed twenty (20) pages in length; 3. Petitioner should state the date(s) upon which he filed any state court applications for relief in which he challenged his conviction, including the name and location of the court(s) in which he filed each application, the date(s) upon which the application(s) were denied, whether he filed a direct appeal and, if so, the date the appeal was decided; 4. If petitioner is asking the court to equitably toll the limitations period, he must set forth facts establishing a basis for the application of equitable tolling as stated above; 5. If petitioner is asking the Court to apply an equitable exception to the limitations period, he must set forth facts establishing a basis for doing so; 6. No answer to the petition will be required from the respondent until petitioner has submitted the required affirmation, and the Court has had the opportunity to review his arguments; 7. Upon petitioner's submission of the written affirmation, the Clerk shall forward the entire file to the court for review; 8. If petitioner fails to submit the required affirmation, this petition shall be dismissed as time-barred under 28 U.S.C. 2244(d) with no further order from the Court.Signed by Judge David N. Hurd on 8/13/18. ( Notice of Compliance Deadline 9/17/2018, Case Review Deadline 10/15/2018){order served via regular mail on petitioner} (nas, )
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| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Stephen Pluff.(alh, ) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Stephen Pluff. (Attachments: #1 Cover Letter, #2 Envelope)(alh, ) |
| Docket Report served on petitioner by regular mail. (alh, ) |
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| Petitioner: Stephen Pluff | |
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| Respondent: Donald Uhler | |
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