Hollis v. United States of America
| Maurice Hollis |
| United States of America |
| 9:2019cv00351 |
| March 19, 2019 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 21, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 8
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 Judge David N. Hurd on 3/21/2019. (Order and blank IFP application mailed to Petitioner by regular mail). (rar)
|
| Filing 7 Case transferred in from District of New York Southern; Case Number 7:19-cv-01673. electronically transferred when case opened |
|
Filing 6
MEMO ENDORSEMENT on re: #5 Declaration filed by Maurice Hollis. ENDORSEMENT: Like my colleague in the Northern District, I have some trouble discerning the nature of Petitioner's application. It seems that he is now challenging the execution of his federal sentence, which challenge must be brought under 28 USC 2241 in the District where he is held, and which requires exhaustion of administrative remedies. Because Petitioner is not yet in federal custody as far as I can tell, I doubt he has exhausted. If Petitioner is really challenging the execution of his state sentence, that challenge must be brought under 28 USC 2254 (but he may be barred because of the dismissal of his previous petition). Either way, the case belongs in the Northern District of New York. Accordingly, with Petitioner's consent and in accordance with my 2/25/19 Order (Doc. 3 in 19-CV-1673), the petition under Section 2255 is hereby converted a petition under Section 2241 and transferred to the U.S. District Court for the Northern District of New York. The Clerk of Court is respectfully directed to effectuate the transfer, terminate Doc. 213 in No. 15-CR-509, close No. 19-CV-1673, and send a copy of this endorsement to Petitioner. (Signed by Judge Cathy Seibel on 3/18/2019) (mro) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 3/20/2019.]
|
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York (mro) [Transferred from New York Southern on 3/20/2019.] |
| Filing 5 DECLARATION In Response to Order to Show Cause. Document filed by Maurice Hollis. (vn) [Transferred from New York Southern on 3/20/2019.] |
| Filing 4 LETTER addressed to Judge Cathy Seibel from Maurice Hollis dated 2/14/2019 re: Mistake in transfer. Document filed by Maurice Hollis. (mml) [Transferred from New York Southern on 3/20/2019.] |
| Mailed a copy of #3 Order to Show Cause, to Maurice Hollis DIN No: 14R1219 Great Meadow Correctional Facility P.O. Box 51 Comstock, NY 12821-0051. (vba) [Transferred from New York Southern on 3/20/2019.] |
|
Filing 3
ORDER TO SHOW CAUSE: The Court directs Hollis to show cause, by filing a declaration within thirty days of the date of this order, why this 2255 motion should not be recharacterized as a petition for a writ of habeas corpus under 28 U.S.C. 2241 challenging the execution of his sentence in in United States v. Hollis, No. 15-CR-509-6 (CS) (S.D.N.Y. Dec. 20, 2016). No answer will be required at this time. Unless Petitioner withdraws the application or adequately explains why it should not be recharacterized, the Court will construe the application as a petition for a writ of habeas corpus under 2241 and transfer it to the United States District Court for the Northern District of New York or another appropriate District. Because Petitioner has not at this time made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk shall send a copy of this Order to Petitioner. SO ORDERED. (Signed by Judge Cathy Seibel on 2/25/2019) (mml) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 3/20/2019.]
|
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 7:15-cr-00509-CS-6. Document filed by Maurice Hollis. (sac) [Transferred from New York Southern on 3/20/2019.] |
| Case Designated ECF. (sac) [Transferred from New York Southern on 3/20/2019.] |
| Magistrate Judge Lisa M. Smith is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sac) [Transferred from New York Southern on 3/20/2019.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Hollis v. United States of America | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner: Maurice Hollis | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Respondent: United States of America | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
