Marlowe v. Bennett
| Thomas H. Marlowe |
| Floyd Bennett |
| 9:2019cv00757 |
| June 24, 2019 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Daniel J Stewart |
| 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 July 25, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 6 MANDATE of USCA issued 7/24/19: Applicant was notified on May 08, 2019 that a second or successive motion for a writ of habeas corpus challenging a state conviction or sentence must not be filed in the United States District Court absent authorization from the Court of Appeals. Applicant was advised that the application must be filed with the Court of Appeals within 45 days of the date of the notice. See 28 U.S.C. 2244, 2254, 2255; Local Rule 22.2: Applicant is in default of filing the application. (nas) |
| Filing 5 DECISION AND ORDER: ORDERED that the Clerk transfer this petition to the United States Court of Appeals for the Second Circuit, pursuant to 28 U.S.C. 1631, for a determination under 28 U.S.C. 2244(b) as to whether petitioner should be authorized to file a second or successive habeaspetition in the district court. ORDERED that petitioner's motion to appoint counsel (Pet. at 41) be dismissed without prejudice given the Court's lack of jurisdiction. Signed by U.S. District Judge Mae A. D'Agostino on 7/12/19. {order served via regular mail on petitioner}(nas) |
| Filing 4 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 U.S. District Judge Mae A. D'Agostino on 7/8/19. {text order served via regular mail on petitioner}(nas, ) |
| Filing 3 Letter from Marlowe enclosing filing fee. (nas, ) |
| Filing fee: $ 5.00, receipt number SYR055314 (nas, ) |
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 U.S. District Judge Mae A. D'Agostino on 6/26/19. {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 Thomas H. Marlowe. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 cover letter, #4 envelope)(nas, ) |
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| Petitioner: Thomas H. Marlowe | |
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| Respondent: Floyd Bennett | |
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