Feltz v. Vann et al
| Ryan Feltz |
| NY State and Mary Vann |
| 9:2019cv00387 |
| April 1, 2019 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Brenda K Sannes |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 9
ORDER denying #8 Motion for Reconsideration with prejudice. No Certificate of Appealability ("COA") shall issue because petitioner has failed to make a "substantial showing of the denial of a constitutional right" as 28 U.S.C. 2253(c)(2) requires. Signed by Judge Brenda K. Sannes on 5/1/2019. (Copy served on petitioner via regular mail)(rjb, )
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Filing 8
MOTION for Reconsideration of #4 Decision and Order filed by Ryan Feltz. (sal)
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Filing 7
TEXT ORDER: Petitioner submitted an addendum to his habeas petition, Dkt. No. #6 , which apparently crossed in the mail with the Courts Decision and Order and Judgment dismissing petitioners action, Dkt. Nos. #4 and #5 . In light of petitioners pro se status, the Clerk of the Court accepted the document for filing. The documents were reviewed and do not cure the deficiencies identified in the Courts prior Order. Accordingly, the submission is rendered MOOT by the Courts Order dismissing the petition as unexhausted. Dkt. Nos. #4 and #5 . The Court advises petitioner, however, that in the future the Court will not review documents except to the extent they are specifically identified and referenced in connection with a properly filed application or motion. The Court docket is not intended to serve as a repository for records. Accordingly, petitioner is directed not to make further submissions of such supporting documentation for filing. SO ORDERED by District Judge Brenda K. Sannes on 4/17/2019. (Copy served upon petitioner via regular mail). (sal )
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Filing 6
ADDENDUM to #1 Petition filed by Ryan Feltz. (sal )
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Filing 5
JUDGMENT IT IS ORDERED AND ADJUDGED, that the petition, Dkt. No. #1 , is DISMISSED WITHOUT PREJUDICE for failure to exhaust available state court remedies; and it is ORDERED, that petitioner's motions to (1) stay the present action (Pet. at 20), (2) appoint counsel (id. at 34-35, 42), and (3) grant bail (id. at 18-19, 22) are all similarly DISMISSED WITHOUT PREJUDICE and with a right to renew pending re-filing of the habeas petition; and it is ORDERED that no certificate of appealability ("COA") shall issue in this case because petitioner has failed to make a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. 2253(c)(2). Any further request for a COA must be addressed to the Court of Appeals (Fed. R. App. P. 22(b)). This action is now CLOSED pursuant to the Decision and Order issued by the Honorable Brenda K. Sannes on April 8, 2019. See Dkt. No. #4 . (Copy served upon petitioner via regular mail). (sal )
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Filing 4
DECISION AND ORDER that the petition, Dkt. No. #1 , is DISMISSED WITHOUT PREJUDICE for failure to exhaust available state court remedies; and it is ORDERED that petitioner's motions to (1) stay the present action (Pet. at 20), (2) appoint counsel (id. at 34-35, 42), and (3) grant bail (id. at 18-19, 22) are all similarly DISMISSED WITHOUT PREJUDICE and with a right to renew pending re-filing of the habeas petition; and it is ORDERED that no certificate of appealability ("COA") shall issue in this case because petitioner has failed to make a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. 2253(c)(2). Any further request for a COA must be addressed to the Court of Appeals (Fed. R. App. P. 22(b)). Signed by District Judge Brenda K. Sannes on 4/8/2019. (Copy served upon petitioner via regular mail). (sal )
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Filing 3
Letter in support of #2 motion for leave to proceed in forma pauperis application filed by Ryan Feltz, including a completed certification page and inmate account statement. (sal)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Ryan Feltz. (nas, ) |
| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5.00 - receipt no ALB011312) filed by Ryan Feltz. (Attachments: #1 2nd part, #2 3rd part, #3 envelope)(nas, ) |
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