Lobao v. New York State Division of Parole
| Joann P. Lobao |
| Albion Correctional Facility and State of New York |
| 9:2020cv00067 |
| January 17, 2020 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| David N Hurd |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 23, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 8
DECISION AND ORDER: It is ORDERED that Petitioner may file an amended petition within thirty (30) 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 her 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 she was convicted and the length of the sentence that was imposed; Petitioner must also state the date(s) upon which she filed any state court proceedings in which she challenged her conviction and clearly set forth the grounds raised in each application and the date(s) upon which the court(s) denied each application; Petitioner must specify all of the grounds upon which her federal petition is based, and the facts supporting each ground, in the amended petition; Petitioner shall not incorporate any portion of her original papers into her amended petition by reference. She 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 petition; If petitioner does not file an amended petition within thirty (30) 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; Upon the filing of any amended petition, the Clerk shall forward the file in this matter to the Court for further review. Signed by Judge David N. Hurd on February 4, 2020. (Copy served via regular mail on petitioner along with a blank Section 2254 form).(rep)
|
| Set Deadlines: Amended Pleadings due by 3/4/2020. Case Review Deadline 4/6/2020. (rep) |
|
Filing 7
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 she 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 January 27, 2020. (Copy served via regular mail)(rep)
|
| Filing 6 Cover Letter for the filing fee received on 1/27/2020. (rep) |
| FILING FEE RECEIVED: $ 5.00, receipt number SYR056758. (rep) |
|
Filing 5
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. It is hereby ORDERED that petitioner's IFP Application is DENIED as incomplete; and it is further 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 January 17, 2020. (Copy served via regular mail along with a blank IFP Form)(rep)
|
| Filing 4 Case transferred in from District of New York Western; Case Number 1:19-cv-01652. electronically transferred when case opened |
|
Filing 3
ORDER that this case be transferred to the Northern District of New York and that determination of Lobao's motion for permission to proceed in forma pauperis shall be left to the Northern District. Signed by Hon. Lawrence J. Vilardo on 12/27/2019. Copy mailed to Petitioner.(KLH) [Transferred from New York Western on 1/17/2020.]
|
| Remark: Petitioner has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, and a civil case timeline. (CGJ) [Transferred from New York Western on 1/17/2020.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Joann P. Lobao.(CGJ) [Transferred from New York Western on 1/17/2020.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Joann P. Lobao.(CGJ) [Transferred from New York Western on 1/17/2020.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
