Berry v. Lamanna
| Jason Berry |
| Jaifa Collado and Jamie Lamanna |
| 9:2018cv01077 |
| September 10, 2018 |
| US District Court for the Northern District of New York |
| Thomas J McAvoy |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 7
DECISION AND ORDER: ORDERED that petitioner's application to proceed IFP (Dkt. No. #5 ) is DENIED as moot given petitioner's payment of the statutory filing fee. ORDERED that the Clerk terminate the named respondent and substitute the proper superintendent, Jamie Lamanna. ORDERED that the Clerk serve copies of this Decision and Order and the petition upon respondent and the Attorney General of the State of New York in accordance with Local Rule 72.4(e). ORDERED that the respondent shall file and serve an answer to the petition, and provide the Court with the relevant records, within ninety (90) days of the date of this Decision and Order, response due by Jamie Lamanna served on 10/5/2018, answer due 1/3/2019. ORDERED that petitioner may, but is not required to, file a reply within thirty (30) days of the filing date of respondent's answer. Signed by Senior Judge Thomas J. McAvoy on 10/5/18. (served as directed) (Attachments: #1 Petition)(alh, )
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Filing 6
TEXT ORDER REOPENING CASE: This action was administratively closed due to petitioner's failure to comply with the filing fee requirements, and petitioner was directed to respond to the Order if s/he wished to pursue this action. Petitioner has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by Senior Judge Thomas J. McAvoy on 10/3/18. (served on petitioner by regular mail)(alh, )
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| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Jason Berry. (alh, ) |
| Filing fee received: $ 5.00, receipt number SYR053403 (alh, ) |
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Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that if petitioner wants to pursue this action, he must so notify the Court WITHIN THIRTY (30) DAYS of the filing date of this Order and either: (1) pay the court's filing fee of five dollars ($5.00); or (2) submit a completed and signed IFP Application that has been certified by an appropriate prison official at his facility. Signed by Senior Judge Thomas J. McAvoy on 9/10/18. {order and blank ifp form served via regular mail on petitioner}(nas, )
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| Filing 3 Case transferred in from District of New York Southern; Case Number 1:18-cv-06847. electronically transferred when case opened |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York (mro) [Transferred from New York Southern on 9/10/2018.] |
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Filing 2
TRANSFER ORDER: The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Petitioner, and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Northern District of New York. Whether Petitioner should be permitted to proceed further without payment of fees is a determination to be made by the transferee court. This order closes this case. Because Petitioner has not at this time made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue under 28 U.S.C. 2253. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Colleen McMahon on 8/1/2018) (mro) [Transferred from New York Southern on 9/10/2018.]
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| NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (mro) [Transferred from New York Southern on 9/10/2018.] |
| Transmission to Docket Assistant Clerk. Transmitted re: #2 Order, to the Docket Assistant Clerk for case processing. (mro) [Transferred from New York Southern on 9/10/2018.] |
| Mailed a copy of #2 Order, to Jason Berry DIN No. 15-A-1433 Shawangunk Correctional Facility P.O. Box 700 Wallkill, NY 12589. (vba) [Transferred from New York Southern on 9/10/2018.] |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Jason Berry.(sac) [Transferred from New York Southern on 9/10/2018.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 9/10/2018.] |
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