Washington v. Franklin Correctional Facility
| Malcolm Washington and Malcolm A. Washington |
| Franklin Correctional Facility |
| 9:2019cv00695 |
| June 12, 2019 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Lawrence E Kahn |
| 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 January 29, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 Submission in support of #1 Petition for Writ of Habeas Corpus by Malcolm Washington. (nas, ) |
Filing 14
DECISION AND ORDER: ORDERED, that Petitioner's IFP Application (Dkt. No. #5 ) is DENIED. ORDERED, that Petitioner may file a written affirmation, within thirty days of the filing date of this Decision and Order, explaining why the statute of limitations should not bar this Petition and whether his causes of action have been completely exhausted in the state courts. 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. ORDERED, that the Clerk is respectfully directed to serve a copy of this Order, as well as a copy of General Order No. 22, on Petitioner. Signed by Senior Judge Lawrence E. Kahn on 9/1/19. ( Notice of Compliance Deadline 9/3/2019, Case Review Deadline 10/1/2019){served as directed}(nas)
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| Filing 13 Copy of letter from Malcolm Washington to DA Cromwell. {Envelope attached}. (rep) |
| Filing 12 AFFIDAVIT: In support of the #10 Amended Petition for Writ of Habeas Corpus, filed by Malcolm Washington. {Envelope attached}. (rep) |
| Filing 11 Letter from Washington inquiring if anything additional is required from him. (nas, ) |
| Filing 10 AMENDED PETITION for Writ of Habeas Corpus filed by Malcolm Washington. (Attachments: #1 letter; envelope)(nas, ) |
| Filing 9 Letter from Washington. Updated copy of docket sheet provided. (nas, ) |
| Filing 8 Letter from Washington enclosing filing fee. (nas, ) |
| Filing fee: $ 5.00, receipt number SYR055267 (nas, ) |
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Filing 7
DECISION AND ORDER: ORDERED, that Petitioner must, within thirty days of the filing date of this Decision and Order, either (1) pay the five dollar filing fee in full, or (2) submit an IFP application which has been completed and signed by him and which has been certified by an appropriate official at his facility. ORDERED, that if Petitioner fails to timely comply with the filing fee requirements set forth in this Decision and Order, this action will be dismissed without prejudice without further order and the Clerk shall close the case. ORDERED, that upon Petitioner's compliance with this Decision and Order, the file shall be returned to the Court for further review. ORDERED, that the Clerk shall serve a copy of this Decision and Order on Petitioner along with a blank IFP application.Signed by Senior Judge Lawrence E. Kahn on 6/26/19. (notice of Compliance Deadline 7/26/2019, Case Review Deadline 8/26/2019){order and blank ifp form served via regular mail on petitioner}(nas, )
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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. Signed by Senior Judge Lawrence E. Kahn on 6/20/19. [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 Malcolm Washington. (Attachments: #1 cover letter; envelope) (nas, ) |
| Filing 4 Submission in support of petition by Washington. (nas, ) |
| Filing 3 Submission in support of #1 Petition for Writ of Habeas Corpus by Malcolm Washington. (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 Senior Judge Lawrence E. Kahn on 6/12/19. {order and blank ifp form served via regular mail on petitioner}(nas)
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| Filing 1 PETITION for Writ of Habeas Corpus filed by Malcolm Washington. (Attachments: #1 petition on 2241 form, #2 Exhibit(s), #3 envelope)(nas, ) (Attachment 2 replaced on 7/2/2019) (nas, ). (Additional attachment(s) added on 7/2/2019: #4 Exhibit(s)) (nas, ). |
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