Layou v. McAuliffe
Petitioner: Michael James Layou
Respondent: Brian McAuliffe
Case Number: 9:2019cv01378
Filed: November 7, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: David N Hurd
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 5, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 5, 2019 The Clerk has verified that petitioner is no longer incarcerated and therefore, pursuant to the #8 Notice, his address has been changed from Riverview Correctional Facility to 3110 Hope Place, Baldwinsville, NY 13027. (meb)
November 27, 2019 Filing 8 NOTICE: Effective on 12/5/2019 petitioner's address will change to 3110 Hope Place, Baldwinsville, NY 13027 filed by Michael James Layou. (Mailing envelope included) (meb)
November 25, 2019 Opinion or Order Filing 7 DECISION AND ORDER: ORDER directing response to the Habeas Corpus Petition; response due by Brian McAuliffe served on 11/25/2019, answer due 2/24/2020. Signed by Judge David N. Hurd on 11/25/19. (Attachments: #1 petition, #2 Exhibit(s), #3 Memorandum of Law){served as directed}(nas, )
November 20, 2019 Filing 6 MEMORANDUM OF LAW re #1 Petition for Writ of Habeas Corpus filed by Michael James Layou. (Attachments: #1 Cover letter and envelope 2 of 3)(meb)
November 18, 2019 Opinion or Order Filing 5 TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, and plaintiff was directed to respond to the Order if s/he wished to pursue this action. Plaintiff 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 11/18/2019. (Copy served via regular mail)(meb)
November 18, 2019 Filing 4 Letter dated 11/1/2019 enclosing the filing fee. (Mailing envelope included) (meb)
November 18, 2019 Filing fee received: $5.00, receipt number SYR056295. (meb)
November 12, 2019 Opinion or Order Filing 3 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 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 Judge David N. Hurd on 11/12/2019. (Copy served via regular mail)(meb)
November 7, 2019 Filing 2 State Court Records: Exhibits to the #1 Petition filed by Michael James Layou. (Attachments: #1 Copy of cover letter and envelope 3 of 3)(meb)
November 7, 2019 Filing 1 PETITION for Writ of Habeas Corpus filed by Michael James Layou. (Attachments: #1 Cover letter and envelope 1 of 3)(meb)

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Petitioner: Michael James Layou
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Respondent: Brian McAuliffe
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