Wheeler v. Lamanna
| William Wheeler |
| Jamie Lamanna and James Lamanna |
| 9:2018cv01226 |
| October 15, 2018 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| 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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This docket was last retrieved on November 28, 2018. A more recent docket listing may be available from PACER.
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Filing 10
TEXT ORDER: Petitioner sent a notification to the Court, seeking to update the name of the superintendent in his petition. Petitioner's request (Dkt. No. #9 ) is GRANTED. The proper respondent is the superintendent of the facility in which Petitioner is incarcerated. See Rule 2(a) of the Rules Governing 2254 Cases in the United States District Courts ("If the petitioner is currently in custody under a state-court judgment, the petition must name as respondent the state officer who has custody."). The Clerk is respectfully directed to modify the docket to name Superintendent Jamie Lamanna as the proper respondent in this action. Authorized by Magistrate Judge Christian F. Hummel on 11/28/18. {text order served via regular mail on petitioner}(nas, )
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| Filing 9 Letter from Wheeler requesting to modify the name of respondent. (nas, ) |
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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 terminate the named respondent and substitute the proper superintendent, Thomas Griffin. 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 N.D.N.Y. 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 Christian F. Hummel on 11/13/18.[ response due by Thomas Griffin served on 11/14/2018, answer due 2/12/201] (Attachments: #1 case law cited, #2 petition, #3 state court records, #4 affidavit){served as directed}(nas)
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Filing 7
TEXT ORDER RE: #5 Based on petitioner's certified IFP Application, he is eligible to proceed with this action without paying the statutory filing fee. His IFP Application 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 Magistrate Judge Christian F. Hummel on 11/14/18. {text order served via regular mail on petitioner}(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 Senior Judge Thomas J. McAvoy on 11/8/18. Text Order served by regular mail on petitioner.(nas, )
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| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by William Wheeler. (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 Senior Judge Thomas J. McAvoy on 10/23/18. {order and blank ifp form served via regular mail on petitioner}(nas, )
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| Filing 3 MOTION to Appoint Counsel filed by William Wheeler. (nas, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by William Wheeler.(nas, ) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by William Wheeler. (Attachments: #1 state court records, #2 Affidavit, #3 envelope)(nas, ) |
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