Montford v. Walsh
| Thomas Earl Montford |
| James Walsh |
| 9:2019cv01607 |
| December 26, 2019 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Lawrence E Kahn |
| 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 4 MAIL RETURNED UNDELIVERABLE: The #3 Order on Motion for Leave to Proceed in forma pauperis that was sent to Thomas Earl Montford at Schenectady County Jail was returned undeliverable. Envelope marked: "Return to Sender - Attempted - Not Known - Unable to Forward." "RTS- Not here." {The blank section 2254 form that was also included in the mailing was returned but not uploaded. A review of VINELinks and DOCCS website indicates that the petitioner is now at Downstate Correctional Facility. The Order, blank 2254 form, and a Notice of Change of Address form is being sent to the petitioner at Downstate Correctional Facility via regular mail}. (rep) |
Filing 3
DECISION AND ORDER: It is hereby ORDERED, that Petitioner's IFP Application (Dkt. No. #2 ) is GRANTED; and it is further ORDERED, that Petitioner may file an amended petition within thirty days of the filing date of this Decision and Order. The Clerk is directed to provide Petitioner with a blank 2254 habeas petition for this purpose. Petitioner shall complete every part of the blank petition, including the sections requiring him to state the name and location of the court that entered the challenged judgment(s), the date of the judgment(s), and, if applicable, the offense(s) for which he was convicted and the length of the sentence that was imposed. Petitioner must also state the date(s) upon which he filed any state court proceedings in which he challenged his conviction and clearly set forth the grounds raised in each application and the date(s) upon which the court(s) denied each application. 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. In the amended petition, Petitioner must specify all of the grounds upon which his federal petition is basedincluding whether Petitioner is challenging his underlying conviction, his subsequent re-incarceration due to his violation of probation, or bothand the facts supporting each ground. Petitioner shall not incorporate any portion of his original papers into his amended petition by reference. He must include all relevant information in the amended petition and shall submit only one amended petition in accordance with the terms of this Decision and Order. Petitioner must also sign and date the amended petition; and it is further ORDERED, that if Petitioner does not file an amended petition within thirty days of the filing date of this Decision and Order, the Clerk shall enter judgment dismissing this action without further order of the Court, Habeas Rule 4; and it is further ORDERED, that upon the filing of any amended petition, the Clerk shall forward the file in this matter to the Court for further review. No answer to the Petition will be required from the Respondent until Petitioner has submitted an amended petition, and the Court has had the opportunity to review his arguments; and it is further ORDERED, that the Clerk serve a copy of this Decision and Order on Petitioner in accordance with the Courts Local Rules. Signed by Senior Judge Lawrence E. Kahn on January 22, 2020. {Copy served via regular mail on petitioner along with a blank 28 USC Section 2254 form}.(rep)
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| Set Deadlines: Notice of Compliance Deadline 2/24/2020; Case Review Deadline 3/23/2020. (rep) |
| Filing 2 MOTION: for Leave to Proceed in forma pauperis, filed by Thomas Earl Montford.(rep) |
| Filing 1 PETITION: for Writ of Habeas Corpus, filed by Thomas Earl Montford. (Attachments: #1 Exhibits, #2 Mailing Envelope)(rep) |
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| Petitioner: Thomas Earl Montford | |
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| Respondent: James Walsh | |
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