Chourb v. Wolcott
| Chanchhayavan T. Chourb |
| Julie Wolcott |
| 9:2020cv01490 |
| December 4, 2020 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Thomas J McAvoy |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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Filing 9
DECISION AND ORDER: It is ORDERED that the petitioner's motion for reconsideration, Dkt. No. #8 , is DENIED without prejudice; and it is further ORDERED that the Court shall sua sponte give petitioner a final thirty (30) days to comply with the Court's December Order, Dkt. No. #4 . If petitioner wishes to continue with his habeas action, he must file an amended petition within thirty (30) days of the filing date of this Decision and Order; 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; and it is further ORDERED that upon the filing of any amended petition, the Clerk shall forward the file to the Court for further review. Signed by Senior Judge Thomas J. McAvoy on 2/1/2021. (Copy served via regular mail)(meb)
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| Set Deadlines: Notice of Compliance Deadline 3/3/2021. Case Review Deadline 4/2/2021. (meb) |
| Filing 8 MOTION for Reconsideration of the #4 Decision and Order filed by Chanchhayavan T. Chourb. (Attachments: #1 Mailing envelope) (meb) |
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Filing 7
DECISION AND ORDER: It is ORDERED that the petitioner's motion for the Court to appoint him counsel, Dkt. No. #5 , is DENIED without prejudice; and it is further ORDERED that the Court shall sua sponte give petitioner another thirty (30) days to comply with the Court's December Order, Dkt. No. #4 . More specifically, petitioner must notify the Court in writing 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 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; 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; and it is further ORDERED that upon the filing of any amended petition, the Clerk shall forward the file to the Court for further review. Signed by Senior Judge Thomas J. McAvoy on 1/20/2021. (Copy served via regular mail)(meb)
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| Set Deadlines: Notice of Compliance Deadline 2/19/2021. Case Review Deadline 3/22/2021. (meb) |
| Filing 6 Letter requesting an appeal form filed by Chanchhayavan T. Chourb. (Mailing envelope included) [The Clerk is sending a form to petitioner via regular mail.] (meb) |
| Filing 5 MOTION to Appoint Counsel and for a financial disclosure affidavit filed by Chanchhayavan T. Chourb. (Mailing envelope included) (meb) |
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Filing 4
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 anamended 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; and it is further ORDERED that upon the filing of any amended petition, the Clerk shall forward the file to the Court for further review. Signed by Senior Judge Thomas J. McAvoy on 12/30/2020. (Notice of Compliance Deadline 1/29/2021, Case Review Deadline 3/1/2021)(Copy served via regular mail)(meb)
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| Filing 3 Case transferred in from District of New York Western; Case Number 1:20-cv-01618. electronically transferred when case opened |
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Filing 2
ORDER: The Clerk of the Court shall transfer this matter to the United States District Court for the Northern District of New York. Signed by Hon. Lawrence J. Vilardo on 12/3/2020. (MLA)-CLERK TO FOLLOW UP- (Main Document 2 replaced on 12/4/2020) (CMD). [Transferred from New York Western on 12/4/2020.]
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| Filing fee received: $5.00, receipt number ROC012564 (CGJ) [Transferred from New York Western on 12/4/2020.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Chanchhayavan T. Chourb. (JLV) [Transferred from New York Western on 12/4/2020.] |
| Plaintiff has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, and a civil case timeline. (JLV) [Transferred from New York Western on 12/4/2020.] |
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| Petitioner: Chanchhayavan T. Chourb | |
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| Respondent: Julie Wolcott | |
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