Ildefonso v. Wendland
| Benjamin C. Ildefonso |
| Rosemarie Wendland |
| 9:2018cv01159 |
| September 26, 2018 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| David N Hurd |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| Filing 8 DECISION AND ORDER: ORDERED that the petitioner's request for appointment of counsel (Dkt. No. #3 ) is DENIED WITHOUT PREJUDICE. 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 US Magistrate Judge Andrew T. Baxter on 10/19/18. [response due by Rosemarie Wendland served on 10/22/2018, answer due 1/22/2019] (Attachments: #1 petition, #2 attachments){served as directed}(nas, ) |
| Filing 7 TEXT ORDER: Based on petitioner's certified IFP application, he is eligible to proceed with this action without paying the statutory filing fee. His IFP Application (Dkt. No. #5 ) is therefore GRANTED. Petitioner will still be required to pay fees that he may incur in the future regarding this action, including but not limited to copying fees ($.50 per page). Authorized by US Magistrate Judge Andrew T. Baxter on 10/19/18. {text order served via regular mail on petitioner}(nas, ) |
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 Judge David N. Hurd on 10/17/18. {text order served via regular mail on petitioner}(nas, )
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| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Benjamin C. Ildefonso. (Attachments: #1 cover letter; envelope) (nas, ) |
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Filing 4
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 Judge David N. Hurd on 9/28/18. {order and blank ifp form served via regular mail on petitioner}(nas, )
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| Filing 3 MOTION to Appoint Counsel filed by Benjamin C. Ildefonso. (nas, ) Modified on 10/17/2018 (nas, ). |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Benjamin C. Ildefonso. (nas, ) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Benjamin C. Ildefonso. (Attachments: #1 grounds with exhibits, #2 cover letter, #3 envelope)(nas, ) |
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| Respondent: Rosemarie Wendland | |
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| Petitioner: Benjamin C. Ildefonso | |
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