Davis v. Harper
| McArthur Davis and McAuthor Davis |
| J.E. Harper |
| 9:2019cv01418 |
| November 18, 2019 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Thomas J McAvoy |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 7
DECISION AND ORDER: It is ORDERED that the Clerk respectfully serve a copy of this Decision and Order on petitioner in accordance with the Local Rules; and it is further ORDERED that the Clerk respectfully serve copies of this Decision and Order, the petition (Dkt. No. #1 ), the Court's November 21, 2019, Decision and Order (Dkt. No. #5 ), and petitioner's affirmation (Dkt. No. #6 ) upon respondent and the Attorney General of the State of New York in accordance with Local Rule 72.4(e); and it is further ORDERED that respondent shall file and serve an answer to the petition, and provide the Court with the relevant records, within ninety (90) days of the date of this Decision and Order. (Response due by J.E. Harper served on 12/26/2019, answer due 3/25/2020). Signed by Senior Judge Thomas J. McAvoy on 12/26/2019. (Attachments: #1 Petition, #2 Decision and Order, #3 Affirmation)(Served as directed)(meb)
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| Filing 6 AFFIDAVIT filed by McArthur Davis. (Mailing envelope included) (meb) |
| Set Deadlines/Hearings: Case Review Deadline 1/22/2020 (nas, ) |
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Filing 5
DECISION AND ORDER: It is 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 shouldstate 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; and it is further ORDERED that the Clerk is respectfully directed to serve a copy of this Order, as well as a copy of General Order No. 22, on petitioner. (Notice of Compliance Deadline 12/23/2019). Signed by Senior Judge Thomas J. McAvoy on 11/21/2019. (Copy served via regular mail)(meb)
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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 Senior Judge Thomas J. McAvoy on 11/19/2019. (Copy served via regular mail) [The Clerk has sent a copy of the docket sheet to petitioner.](meb)
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| Filing 3 Letter dated 11/13/2019 enclosing the filing fee. (Mailing envelope included) (meb) |
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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 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. Signed by Senior Judge Thomas J. McAvoy on 11/19/2019. (Copy served via regular mail, along with blank forms)(meb)
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| Filing fee received: $5.00, receipt number SYR056314. (meb) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by McArthur Davis. (Attachments: #1 supplement, #2 Exhibit(s), #3 Exhibit(s), #4 envelope)(nas ) |
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