Aponte v. Harper
| John Aponte |
| J.E. Harper |
| 9:2020cv00719 |
| June 30, 2020 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Gary L Sharpe |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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| Document Text |
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| Filing 9 AMENDED PETITION for Writ of Habeas Corpus filed by John Aponte. (Attachments: #1 Exhibits, #2 Mailing envelope)(meb) |
Filing 8
TEXT ORDER: The Court is in receipt of petitioner's letter which asks the Court to inform petitioner, in advance, whether he is permitted to challenge certain aspects of his custody if he consents to the conversion of his habeas petition. Dkt. No. #7 . Petitioner is advised that the Court and Clerk's Office do not provide legal assistance or advice. To the extent that Petitioner seeks such assistance or advice, his request is DENIED. However, the Clerk of the Court can provide Petitioner with forms and pertinent procedural information. Accordingly, the Clerk is respectfully directed to provide petitioner with a blank 2254 habeas petition and petitioner is referred to the Court's Decision and Order dated July 24, 2020, Dkt. No. #6 , for any questions he may have about what needs to be included on the form. Petitioner's deadline to either (1) consent to having his petition converted and file an amended petition or (2) voluntarily withdraw the petition is hereby extended to August 31, 2020. Authorized by Magistrate Judge Therese Wiley Dancks on 8/3/2020. (Copy served via regular mail, along with blank forms)(meb)
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| Filing 7 Letter Request for further information regarding the conversion of his petition filed by John Aponte. (Mailing envelope included) (meb) |
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Filing 6
DECISION AND ORDER: It is ORDERED that petitioner must notify the Court in writing within thirty (30) days of the filing date of this Decision and Order whether he: (1) consents to having his section 2241 petition converted to a section 2254 petition; or (2) voluntarily withdraws the pending petition instead of having it converted. If petitioner fails to advise the Court in writing within thirty (30) days of the filing date of this Decision and Order of either his consent to the conversion or his voluntary withdrawal of this petition, the petition will be converted to a section 2254 petition; and it is further ORDERED that, if petitioner does not voluntarily withdraw his petition, he must 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 that purpose; and it is further ORDERED that, if petitioner fails to 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. (Notice of Compliance Deadline 8/24/2020, Case Review Deadline 9/24/2020). Signed by Senior Judge Gary L. Sharpe on 7/24/2020. (Copy served via regular mail)(meb)
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Filing 5
TEXT ORDER REOPENING CASE: This action was administratively closed due to petitioner's failure to comply with the filing fee requirements, and petitioner 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 Gary L. Sharpe on 7/16/2020. (Copy served via regular mail)(meb)
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| Filing 4 Letter enclosing the filing fee filed by John Aponte. (Mailing envelope included) (meb) |
| Filing fee received: $5.00, receipt number SYR057773. (meb) |
| Filing 3 Letter enclosing exhibits to the petiton filed by John Aponte. (Attachments: #1 Mailing envelope)(meb) |
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Filing 2
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action. 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. Signed by Senior Judge Gary L. Sharpe on 6/30/2020. (Attachments: #1 ifp application){order served via regular mail on petitioner}(nas)
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| Filing 1 PETITION for Writ of Habeas Corpus filed by John Aponte. (Attachments: #1 cover letter, #2 envelope)(nas ) |
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| Petitioner: John Aponte | |
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| Respondent: J.E. Harper | |
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