Dizak v. Hennessy
| Stuart Dizak |
| Superintendent Hennessy |
| 9:2019cv01104 |
| September 9, 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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| Document Text |
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| Filing 14 TEXT ORDER: The Court is in receipt of petitioner's letters informing this Court that it has a unique opportunity to "resolve [the outstanding issue of] whether a prisoner is entitled to a stand alone habeas relief under a free standing claim of actual innocence." Dkt. Nos. #12 , #13 . The Court transferred petitioner's action to the Western District of New York. Dkt. No. 8. Accordingly, petitioner no longer has a case pending in this Court. Therefore, this Court has no power to provide petitioner with any of the judicial relief he seeks. Petitioner is directed to file all correspondence regarding his petition and requests for relief with the Western District of New York where his petition is presently pending. See Dizak v. Hennessy, No. 1:19-CV-1335 (W.D.N.Y.). Authorized by U.S. District Judge Mae A. D'Agostino on October 23, 2019. (Copy served via regular mail)(rep) |
| Filing 13 LETTER: Filed by Stuart Dizak, dated October 15, 2019. (rep) |
| Filing 12 LETTER: Filed Stuart Dizak, dated October 15, 2019. {Exhibits and mailing envelope attached}. (rep) |
| Filing 11 DECISION AND ORDER: It is ORDERED that petitioner's motion for reconsideration (Dkt. No. #10 ) is DENIED; and it is further ORDERED that no Certificate of Appealability ("COA") shall issue because petitioner has failed to make a "substantial showing of the denial of a constitutional right" as 28 U.S.C. 2253(c)(2) requires; and it is further ORDERED that the Clerk serve a copy of this Order on petitioner in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on October 11, 2019. (Copy served via regular mail)(rep) |
| Filing 10 MOTION for Reconsideration of #8 Order Transferring Case filed by Stuart Dizak. (nas ) |
| Case transferred from Northern District of New York has been opened in the Western District of New York - case number 1:19-cv-1335, filed 10/1/2019. (rep) |
| Filing 9 LETTER: Filed by Stuart Dizak, dated September 26, 2019, regarding his case. (rep) |
| Filing 8 DECISION AND ORDER: It is ORDERED that this action is transferred to the United States District Court for the Western District of New York; and it is further ORDERED that the Clerk is directed to electronically transfer this action to the Clerk of the Western District of New York. The Court hereby waives the fourteen (14) day waiting period provided for in Local Rule 83.6; and it is further ORDERED that the Clerk serve a copy of this Decision and Order upon petitioner in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on September 25, 2019. Motions terminated: #5 MOTION for Leave to Proceed in forma pauperis filed by Stuart Dizak, #7 Letter Motion for Stuart Dizak filed by Stuart Dizak. (Copy served via regular mail)(rep) |
| Filing 7 LETTER REQUEST: Filed by Stuart Dizak, dated September 17, 2019. {Envelope attached}. (rep) |
| 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. Authorized by U.S. District Judge Mae A. D'Agostino on 9/18/19. {text order served via regular mail on petitioner}(nas, ) |
| Filing fee: $ 5.00, receipt number SYR055874 (nas, ) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis, filed by Stuart Dizak. (rep) Modified on 9/10/2019 (rep, ). Modified on 9/20/2019 to open motion (rep). |
Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. It is 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 been certified by an appropriate prison official at his facility; and it is further ORDERED that upon petitioner's compliance with this order, the Clerk shall reopen this action and forward it to the Court for review; and it is further ORDERED that the Clerk serve a copy of this Order on petitioner along with a blank IFP Application. Signed by U.S. District Judge Mae A. D'Agostino on September 9, 2019. (Copy served via regular mail along with a blank IFP Applciation).(rep)
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| Filing 3 LETTER: Filed by Stuart Dizak, dated September 4, 2019, making corrections to his #1 Petition. {Submission received on September 6, 2019}. (rep) |
| Filing 2 LETTER MOTION: Filed by Stuart Dizak, requesting that the Court consider documents from 15-cv-1171 with this case, and requesting the appointment of counsel. (rep) |
| Filing 1 PETITION: for Writ of Habeas Corpus, filed by Stuart Dizak. (Attachments: #1 Exhibits, #2 Mailing Envelope)(rep) (Attachment 1 replaced on 9/10/2019) (rep, ). |
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| Petitioner: Stuart Dizak | |
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| Respondent: Superintendent Hennessy | |
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