Brown v. Bell
| Ikikok Brown and Ikiko Brown |
| Earl Bell |
| 9:2018cv01406 |
| December 3, 2018 |
| US District Court for the Northern District of New York |
| Glenn T Suddaby |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing 6
DECISION AND ORDER: ORDERED that the Clerk serve copies of this Decision and Order, the petition (Dkt. No. 1), the Court's December 19, 2018, Decision and Order (Dkt. No. 4), and petitioner's affirmation (Dkt. No. 5) upon respondent and the Attorney General of the State of New York in accordance with Local Rule 72.4(e). ORDERED that 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 Chief Judge Glenn T. Suddaby on 1/22/19.[ response due by Earl Bell served on 1/22/2019, answer due 4/22/2019] (Attachments: #1 petition with exhibits, #2 12/19/18 Decision and Order (dkt. no. 4), #3 Affiramtion (dkt. no. 5)){served as directed}(nas)
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| Filing 5 Affirmation in response to #4 Order by Ikikok Brown. (nas, ) |
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Filing 4
DECISION AND ORDER: ORDERED that 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 affirmation shall not exceed fifteen (15) pages in length. 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, and the date(s) upon which the application(s) were denied. 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. 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. 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. ORDERED that upon petitioner's submission of the written affirmation, the Clerk shall forward the entire file to the court for review. ORDERED that 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 Chief Judge Glenn T. Suddaby on 12/19/18. {order served via regular mail on petitioner}( Notice of Compliance Deadline 1/18/2019, Case Review Deadline 2/19/2019)(nas, )
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Filing 3
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 12/11/18. {text order served via regular mail on petitioner}(nas, )
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| Filing fee: $ 5.00, receipt number ALB01191 (nas, ) |
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Filing 2
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 Chief Judge Glenn T. Suddaby on 12/4/2018. (Order and blank IFP form served on petitioner via regular mail).(rar)
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| Filing 1 PETITION for Writ of Habeas Corpus filed by Ikikok Brown. (Attachments: #1 Memorandum of Law, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 cover letter, #7 affidavit of service, #8 envelope)(nas, ) |
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