Bates v. Superintendent
Petitioner: Richard Lee Bates
Respondent: Superintendent
Case Number: 9:2020cv00864
Filed: August 3, 2020
Court: US District Court for the Northern District of New York
Presiding Judge: Daniel J Stewart
Referring Judge: Glenn T Suddaby
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 11, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 11, 2020 Filing 10 MAIL RETURNED UNDELIVERABLE: The #8 Order and #9 Judgment that were sent to Richard Lee Bates at Auburn Correctional Facility were returned undeliverable. Envelope marked: "Return to Sender - Not Here - Paroled 9/8/2020 Auburn C.F." {A review of NYSDOCCS website indicates that the petitioner was released on 9/8/2020}. (rep)
September 2, 2020 Filing 9 JUDGMENT that, pursuant to the Decision and Order issued on September 2, 2020 (Dkt. No. 8) by the Honorable Glenn T. Suddaby, the petition, Dkt. No. #1 , is DISMISSED WITHOUT PREJUDICE. Petitioner's letter motion, Dkt. No. #6 , is DENIED. The Clerk is directed to CLOSE this action. All of the above pursuant to the Decision and Order issued by the Honorable Glenn T. Suddaby, dated September 2, 2020. Dkt. No. #8 .(Copy served upon Petitioner via regular mail). (sal )
September 2, 2020 Opinion or Order Filing 8 DECISION AND ORDER that the petition, Dkt. No. #1 , is DISMISSED WITHOUT PREJUDICE. Petitioner's letter motion, Dkt. No. #6 , is DENIED. Signed by Chief Judge Glenn T. Suddaby on 9/2/2020. (Copy served upon petitioner via regular mail). (sal )
August 27, 2020 Filing 7 LETTER: Filed by Richard Lee Bates, in support of his #6 Letter Motion. (rep)
August 25, 2020 Filing 6 LETTER MOTION: Filed by Richard Lee Bates, dated August 20, 2020, requesting monetary relief and transfer to Oklahoma. (Attachments: #1 Mailing Envelope)(rep)
August 20, 2020 Opinion or Order Filing 5 DECISION AND ORDER that petitioner's IFP application, Dkt. No. #3 , is DENIED WITHOUT PREJUDICE. Petitioner must, within thirty (30) days of the filing date of this Decision and Order, either (1) pay the required filing fee of five dollars ($5.00) or (2) submit a complete IFP application that has been certified and signed by an appropriate prison official. The Clerk is directed to provide petitioner with a blank IFP application for that purpose. If petitioner fails to submit either the required filing fee of five dollars ($5.00) or a complete, certified IFP application within thirty (30) days of the filing date of this Decision and Order, this action will be dismissed without further order from the Court. Upon receipt of either petitioner's filing fee or his complete, certified IFP application, the Clerk shall forward the file to the Court for further review. Signed by Chief Judge Glenn T. Suddaby on 8/20/2020. (Attachments: #1 Blank IFP Application Form) (Copy served upon petitioner via regular mail). (sal )
August 20, 2020 Set Deadlines: Notice of Compliance Deadline 9/21/2020. Case Review Deadline 10/20/2020. (sal )
August 19, 2020 Opinion or Order 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 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 Chief Judge Glenn T. Suddaby on August 19, 2020. (Copy served via regular mail)(rep)
August 17, 2020 Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Richard Lee Bates. (Attachments: #1 Mailing Envelope)(rep)
August 4, 2020 Opinion or Order Filing 2 ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. Because this action was not properly commenced, the Clerk is directed to administratively close this action. 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. Upon petitioner's compliance with this order, the Clerk shall reopen this action and forward it to the Court for review. Signed by Chief Judge Glenn T. Suddaby on 8/4/2020. (Copy served upon Petitioner via regular mail). (sal)
August 3, 2020 Filing 1 PETITION: for Writ of Habeas Corpus, filed by Richard Lee Bates. (Attachments: #1 Mailing Envelope)(rep)

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