Horton v. Bell
| Benjamin Horton and Benjamin P. Horton |
| Earl Bell |
| 9:2020cv01461 |
| November 30, 2020 |
| US District Court for the Northern District of New York |
| Glenn T Suddaby |
| 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 March 29, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 10
TEXT ORDER: The Court is in receipt of the petitioner's recent letter. Dkt. No. #9 . It appears to have crossed in the mail with the Court's recent Decision and Order. Dkt. No. #8 ("January Order"). Petitioner's request for a courtesy copy of his petition in this action, as well as in Horton v. Bell, Case No. 9:20-CV-1573, is DENIED. To the extent petitioner wishes copies of documents, the Clerk is respectfully directed to provide petitioner with a copy of the docket sheet for this action, together with a "Photocopy Request form." Petitioner is advised that any additional copies he wishes would involve a copying fee of $0.50 per page. Petitioner need not file another new petition. Instead, he should, in compliance with the Court's January Order, file a written affirmation. Petitioner is directed to follow the instructions in the January Order regarding said affirmation. Specifically, said affirmation is a document, no longer than five pages, that identifies for the Court what actions petitioner filed in state court challenging his criminal conviction, where such actions were filed, if those state court challenges were denied, and when the disposition was entered. The Court will sua sponte extend petitioner's deadline to file said affirmation. Accordingly, the affirmation is due on or before February 26, 2021. SO ORDERED by Chief Judge Glenn T. Suddaby on 1/26/2021. (Copy served upon petitioner via regular mail) (sal )
|
|
Filing 9
LETTER MOTION: Filed by Benjamin Horton, requesting assistance from the Court and for copies. {Mailing envelope attached}. (rep)
|
|
Filing 8
DECISION AND ORDER as to Benjamin Horton that the petitioner's motion for the Court to appoint him counsel, Dkt. No. #3 , is DENIED without prejudice. 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. Petitioner should state the date(s) upon which he filed any state court applications for relief in which he challenged his conviction, including the name and location of the court(s) in which he filed each application, and the date(s) upon which the application(s) were denied. 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. No answer to the petition will be required from the respondent at this time. Either 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 Chief Judge Glenn T. Suddaby on 1/20/2021. (Notice of Compliance Deadline 2/19/2021. Case Review Deadline 3/22/2021.) (Copy served upon petitioner via regular mail) (sal)
|
|
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 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. Signed by Chief Judge Glenn T. Suddaby on January 5, 2021. (Copy served via regular mail)(rep)
|
|
Filing 6
Correspondence filed by Benjamin Horton submitted with filing fee. (rep)
|
|
FILING FEE RECEIVED: $ 5.00, receipt number SYR058615. (rep)
|
|
Filing 5
LETTER: Filed by Benjamin Horton, dated December 21, 2020, regarding his filing fee. {Mailing envelope attached}. (rep)
|
|
Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. Petitioner's IFP Application is DENIED as incomplete. 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 12/1/2020. (Copy served upon petitioner via regular mail) (sal)
|
|
Filing 3
MOTION to Appoint Counsel filed by Benjamin Horton. (rep) Modified on 1/5/2021 (rep, ).
|
|
Filing 2
MOTION for Leave to Proceed in forma pauperis, filed by Benjamin Horton. (rep)
|
|
Filing 1
PETITION: for Writ of Habeas Corpus filed by Benjamin Horton. (Attachments: #1 Mailing Envelope)(rep)
|
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.
