Criss v. Coveny
| Isaiah T. Criss |
| Raymond Coveny |
| 9:2019cv00469 |
| April 22, 2019 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Andrew T Baxter |
| Mae A D'Agostino |
| 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 May 29, 2019. A more recent docket listing may be available from PACER.
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Filing 7
JUDGMENT that petitioner's request to stay the petition (Dkt. No. #5 ) is DENIED; the petition (Dkt. No. 1) is DISMISSED WITHOUT PREJUDICE for failure to exhaust available state court remedies; and 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)), all of the above pursuant to the #6 Decision and Order of the Honorable Judge Mae A. D'Agostino, dated the 29th day of May, 2019. (Copy served upon plaintiff via regular mail). (sal )
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Filing 6
DECISION AND ORDER that petitioner's request to stay the petition (Dkt. No. #5 ) is DENIED; and it is further ORDERED that the petition (Dkt. No. #1 ) is DISMISSED WITHOUT PREJUDICE for failure to exhaust available state court remedies; and it is further 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 U.S. District Judge Mae A. D'Agostino on 5/29/2019. (Copy served upon plaintiff via regular mail). (sal)
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Filing 5
AFFIRMATION re #4 Decision and Order by Isaiah T. Criss. (Attachments: #1 Exhibit(s), #2 envelope) (rar)
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Filing 4
DECISION AND ORDER: ORDERED that the Clerk is respectfully requested to terminate the named respondent and substitute the proper superintendent. 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 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 U.S. District Judge Mae A. D'Agostino on 4/24/2019. (Decision and Order mailed to plaintiff by regular mail). (rar, )
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Set Deadlines: Notice of Compliance Deadline 5/24/2019 Case Review Deadline 6/24/2019 (rar, )
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Filing 3
Case transferred in from District of New York Western; Case Number 1:19-cv-00340. electronically transferred when case opened
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Filing 2
ORDER that this case be transferred to the United States District Court for the Northern District of New York. Signed by Hon. Elizabeth A. Wolford on 3/19/2019. Copy mailed to Petitioner. (KLH) [Transferred from New York Western on 4/22/2019.]
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Filing fee: $ 5.00, receipt number BUF063610 (KLH) [Transferred from New York Western on 4/22/2019.]
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Filing 1
PETITION for Writ of Habeas Corpus, filed by Isaiah T. Criss.(KLH) [Transferred from New York Western on 4/22/2019.]
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Remark: Petitioner has been mailed a pro se packet including Privacy Notice and Consent to Proceed before a Magistrate Judge. (KLH) [Transferred from New York Western on 4/22/2019.]
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| Petitioner: Isaiah T. Criss | |
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| Respondent: Raymond Coveny | |
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