Everson v. Noeth
| Shawndell Everson |
| Joseph Noeth |
| 9:2020cv00084 |
| January 23, 2020 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| David N Hurd |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on February 27, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 JUDGMENT: Dismissing the action in its entirety pursuant to the Order of the Honorable David N. Hurd dated February 27, 2020, which ORDERED that the Petition is DISMISSED WITHOUT PREJUDICE for failure to exhaust available state court remedies and ORDERED that no certificate of appealability shall issue because petitioner has failed to make a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. 2253(c)(2). {Copy served via regular mail} (rep) |
Filing 6
DECISION AND ORDER: It is ORDERED that the petition (Dkt. No. #1 ) is DISMISSED WITHOUT PREJUDICE for failure to exhaust available state court remedies; No certificate of appealability ("COA") shall issue in this case because petitioner has failed to make a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. 2253(c)(2). Any further request for a COA must be addressed to the Court of Appeals (Fed. R. App. P. 22(b)); and the Clerk is directed to serve a copy of this Order on petitioner in accordance with the Local Rules. Signed by Judge David N. Hurd on February 27, 2020. (Copy served via regular mail)(rep)
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| Filing 5 AFFIRMATION OF CLARIFICATION: Filed by Shawndell Everson. {Exhibits and mailing envelope attached}. (rep) |
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Filing 4
DECISION AND ORDER: ORDERED that Petitioner may file a written affirmation, within thirty (30) days of the filing date of this Decision and Order, clarifying the procedural posture of any pending actions in state court. The affirmation shall not exceed five (5) pages in length. After petitioner submits his written affirmation or upon the expiration of the thirty days, the Clerk shall forward the entire file to the court for review. Signed by Judge David N. Hurd on 2/13/2020. ( Notice of Compliance Deadline 3/13/2020, Case Review Deadline 4/13/2020){order served via regular mail on petitioner}(nas)
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Filing 3
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 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 Judge David N. Hurd on February 11, 2020. (Copy served via regular mail)(rep)
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| FILING FEE: $ 5, receipt number SYR056862. (rep) |
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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; and it is further ORDERED that the Clerk serve a copy of this Order on petitioner along with a blank IFP Application. IT IS SO ORDERED. Signed by Judge David N. Hurd on January 24, 2020. (Copy served via regular mail on petitioner along with a blank IFP Application)(rep)
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by Shawndell Everson. (Attachments: #1 Cover Letter and Affidavit of Service, #2 Mailing Envelope)(rep) |
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| Respondent: Joseph Noeth | |
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