Malloy v. Royce
| Levi Malloy |
| Superintendent M. Royce |
| 9:2019cv00988 |
| August 12, 2019 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Glenn T Suddaby |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| Filing 9 AFFIDAVIT of Affirmation dated 9/30/2019 filed by Levi Malloy. (Mailing envelope included) (meb) |
Filing 8
DECISION AND ORDER as to Levi Malloy that petitioner's IFP Application (Dkt. No. #6 ) is DENIED as MOOT; and it is further 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; and it is further ORDERED that upon petitioner's submission of the written affirmation, the Clerk shall forward the entire file to the court for review; and it is further 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. (Notice of Compliance Deadline 10/10/2019. Case Review Deadline 11/12/2019). Signed by Chief Judge Glenn T. Suddaby on 9/10/2019. (Served petitioner by regular mail). (sal)
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Filing 7
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 Chief Judge Glenn T. Suddaby on 8/26/2019. (Copy served via regular mail)(meb)
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| Filing 6 MOTION for Leave to Proceed in forma pauperis filed by Levi Malloy. (Attachments: #1 Copy of letter to inmate accounts and mailing envelope)(meb) |
| Filing fee received: $5.00, receipt number SYR055681. (meb) |
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Filing 5
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. Petitioner's IFP Application is DENIED as incomplete. 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. Upon petitioner's compliance with this order, the Clerk shall reopen this action and forward it to the Court for review. The Clerk is directed to serve a copy of this Order on petitioner along with a blank IFP Application. Signed by Chief Judge Glenn T. Suddaby on 8/12/2019.. Signed by Chief Judge Glenn T. Suddaby on 8/12/2019. (Copy of Order and IFP Application Form served upon petitioner via regular mail) (Attachments: #1 IFP Form)(sal )
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| Filing 4 Case transferred in from District of New York Southern; Case Number 1:19-cv-06644. electronically transferred when case opened |
| Mailed a copy of #3 Order, to Levi Malloy 14-A-3996 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582. (aea) [Transferred from New York Southern on 8/12/2019.] |
| 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 8/12/2019.] |
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Filing 3
TRANSFER ORDER. Because Petitioner was convicted and sentenced in Albany County, which is located in the Northern District of New York, this action is transferred under Local Rule 83.3 to the United States District Court for the Northern District of New York. The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Petitioner, and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Northern District of New York. Whether Petitioner should be permitted to proceed further without payment of fees is a determination to be made by the transferee court. This order closes this case. 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 under 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Colleen McMahon on 8/5/2019) (rjm). Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 8/12/2019.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (rjm) [Transferred from New York Southern on 8/12/2019.] |
| Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Levi Malloy.(rdz) [Transferred from New York Southern on 8/12/2019.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Levi Malloy.(rdz) [Transferred from New York Southern on 8/12/2019.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 8/12/2019.] |
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| Respondent: Superintendent M. Royce | |
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