Marshall v. McCarthy
| James D. Marshall |
| Timothy McCarthy |
| 9:2019cv01003 |
| August 14, 2019 |
| US District Court for the Northern District of New York |
| David N Hurd |
| 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 September 6, 2019. A more recent docket listing may be available from PACER.
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| Filing 6 JUDGMENT entered dismissing the action in accordance with the 9/6/19 Decision and Order of Judge Hurd.{judgment served via regular mail on petitioner} (nas, ) |
Filing 5
DECISION AND ORDER: ORDERED that 1. The petition (Dkt. No. 1) is DISMISSED WITHOUT PREJUDICE for failure to exhaust available state court remedies; 2. 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 Judge David N. Hurd on 9/6/19. {order served via regular mail on petitioner}(nas)
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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 Judge David N. Hurd on 8/28/19. {text order served via regular mail on petitioner}(nas, )
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| Filing 3 Letter from Marshall enclosing filing fee. (nas, ) |
| Filing fee: $ 5.00, receipt number SYR055705 (nas, ) |
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Filing 2
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: It is hereby ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further 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 beencertified by an appropriate prison official at his facility. Signed by Judge David N. Hurd on 8/15/2019. (Copy served via regular mail, along with blank forms)(meb)
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| Filing 1 PETITION for Writ of Habeas Corpus filed by James D. Marshall. (Attachments: #1 Mailing envelope)(meb) |
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| Respondent: Timothy McCarthy | |
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| Petitioner: James D. Marshall | |
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