Wells v. Annucci
| Carl Douglas Wells |
| Anthony J. Annucci |
| 9:2019cv00333 |
| March 18, 2019 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Lawrence E Kahn |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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This docket was last retrieved on April 30, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Case transferred from New York Northern has been opened in Southern District of New York as case 1:19-cv-03841, filed 04/30/2019. (nas, ) |
Filing 8
DECISION AND ORDER: ORDERED, that this action is transferred to the United States District Court for the Southern District of New York. Signed by Senior Judge Lawrence E. Kahn on 4/24/19. {order served via regular mail on petitioner}(nas)
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| Filing 7 NOTICE of Change of Address by Carl Douglas Wells. Effective Date April 12, 2019. Old Address: Downstate Correctional Facility; New Address: Green Haven Correctional Facility. (rar) |
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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 Lawrence E. Kahn on 4/11/19. {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 Carl Douglas Wells. (nas) |
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Filing 4
TEXT ORDER: Petitioner's action seeking habeas relief was administratively closed for Petitioner's failure to properly commence the action. Dkt. No. #2 ("Text Order"). The Court gave Petitioner until April 20, 2019 to either submit a properly certified IFP application or remit the statutory filing fee. Id. On April 3, 2019, the Court received a letter from petitioner informing the Court that another inmate had assaulted him, his trial transcripts and documents had been destroyed, and he was keeplocked under manufactured allegations. Dkt. No. #3 ("Letter"). The Letter did not attach a certified IFP application or the filing fee, and its allegations are unrelated to Petitioner's habeas petition. Therefore, it does not provide a basis to reopen this case. Petitioner is advised that concerns regarding his current conditions of confinement should be addressed through administrative channels at Downstate Correctional Facility and the New York State Department of Corrections and Community Supervision and, if necessary, by means of a separately filed action pursuant to 42 U.S.C. 1983. Given Petitioner's pro se status, the Court will sua sponte extend his deadline to properly commence this action by submitting a properly certified IFP application or the five-dollar statutory filing fee. Accordingly, Petitioner's compliance with the March 20, 2019 Text Order is due on May 20, 2019. Additionally, the Clerk is requested to provide Petitioner with a 1983 packet for his reference. Authorized by Senior Judge Lawrence E. Kahn on 4/4/2019. (Text Order and Section 1983 forms packet sent to petitioner by regular mail). (rar)
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| Filing 3 Letter from Wells. (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. ORDERED that upon petitioner's compliance with this order, the Clerk shall reopen this action and forward it to the Court for review. Signed by Senior Judge Lawrence E. Kahn on 3/20/2019. (Order and blank IFP Application mailed to Petitioner by regular mail). (rar, )
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| Filing 1 PETITION for Writ of Habeas Corpus filed by Carl Douglas Wells. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet, #3 letter, #4 envelope) (rar) Modified on 3/19/2019 (rar, ). |
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| Respondent: Anthony J. Annucci | |
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| Petitioner: Carl Douglas Wells | |
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