Palmer v. Bell
| Russell D. Palmer |
| Bell |
| 9:2018cv01133 |
| September 20, 2018 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Glenn T Suddaby |
| 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 February 18, 2022. A more recent docket listing may be available from PACER.
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Filing 8
DECISION AND ORDER: ORDERED that petitioner's application to proceed IFP (Dkt. No. #7 ) is DENIED. ORDERED that the Clerk serve copies of this Decision and Order, the petition, and attachments 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. 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 Magistrate Judge Therese Wiley Dancks on 10/25/18. [response due by Bell served on 10/25/2018, answer due 1/23/2019] (Attachments: #1 petition, #2 exhibits){served as directed}(nas, )
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Filing 7
MOTION for Leave to Proceed in forma pauperis filed by Russell D. Palmer. (nas, )
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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 Chief Judge Glenn T. Suddaby on 10/22/18. {text order served via regular mail on petitioner}(nas, )
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Filing fee: $ 5.00, receipt number SYR053543 (nas, )
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Filing 5
TEXT ORDER: The Court is in receipt of Petitioner's "Affidavit of Service." Dkt. No. 4. Petitioner is advised that this action was administratively closed on September 21, 2018 (Dkt. No. 3), and therefore service of the Petition is presently defective. Petitioner was given the opportunity to properly commence the case within thirty days of said Order per Dkt. No. 3. Petitioner has not submitted the required filing fee of $5.00 or a certified in forma pauperis (IFP) application as directed in Dkt. No. 3. In light of Petitioner's pro se status, the Court grants Petitioner an extension of time until November 21, 2018, to comply with said Order at Dkt. No. 3. The Clerk is directed to provide Petitioner with a copy of the Court's Order of September 21, 2018, and a blank IFP application. Until Petitioner complies with the directives in Dkt. No. 3, any other filings will be summarily stricken from the docket. Authorized by Magistrate Judge Therese Wiley Dancks on 10/11/18. {text order; copy of dkt. no. 3 and blank ifp form served via regular mail on petitioner}(nas, )
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Filing 4
Affidavit of Service submitted by Palmer. (nas, )
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Filing 3
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that petitioner's IFP Application is DENIED as incomplete. 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 Chief Judge Glenn T. Suddaby on 9/21/18. {order and blank ifp form served via regular mail on petitioner}(nas, )
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Russell D. Palmer. (nas, )
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Filing 1
PETITION for Writ of Habeas Corpus filed by Russell D. Palmer. (Attachments: #1 Exhibit(s), #2 envelope)(nas, )
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