Montes v. Morton
| Germaine Montes |
| The People Of The State Of New York, Craig D. Apple, Sr. and Robert Morton, Jr. |
| 9:2021cv00376 |
| April 2, 2021 |
| 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
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This docket was last retrieved on August 27, 2021. A more recent docket listing may be available from PACER.
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Filing 10
DECISION AND ORDER: ORDERED that the Clerk is respectfully directed to update the caption of the case to reflect the proper respondent, Robert Morton, Jr., Superintendent of Downstate Correctional Facility. ORDERED that the petitioner's motion for the Court to appoint him counsel, Dkt. No. #8 , is DENIED WITHOUT PREJUDICE. ORDERED that the Court shall sua sponte give petitioner another thirty (30) days to comply with the Court's May Order, Dkt. No. #6 . ORDERED that if petitioner does not 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 of the Court, Habeas Rule 4. Signed by Chief Judge Glenn T. Suddaby on 5/28/2021. {order served via regular mail on petitioner}(nas )
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Filing 9
NOTICE by Germaine Montes dated 5/19/2021 advising he is at Downstate Correctional Facility. (nas, )
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Filing 8
Letter Motion from Germaine Montes requesting appointment of counsel. (nas, )
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Filing 7
NOTICE of Change of Address by Germaine Montes Effective Date 5/12/2021 Old Address: Albany County Correctional Facility New Address: Downstate Correctional Facility (nas, )
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Filing 6
DECISION AND ORDER: ORDERED that petitioner's motion for release on bail, Dkt. No. #2 , is stayed pending resolution of the matters outlined in this Decision and Order. ORDERED that petitioner may file an amended petition within thirty (30) days of the filing date of this Decision and Order. ORDERED that if petitioner does not 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 of the Court, Habeas Rule 4.Signed by Chief Judge Glenn T. Suddaby on 5/12/2021. ( Notice of Compliance Deadline 6/14/2021, Case Review Deadline 7/12/2021){order and blank 2254 form served via regular mail on petitioner} (nas, )
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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 was 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 Chief Judge Glenn T. Suddaby on 4/19/2021. {text order served via regular mail on petitioner}(nas)
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Filing fee: $ 5.00, receipt number SYR059139 (nas, )
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Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that petitioner's IFP Application is DENIED as incomplete. 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 Chief Judge Glenn T. Suddaby on 4/8/2021. {order and blank ifp application served via regular mail on petitioner}(nas)
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Filing 3
MOTION for Leave to Proceed in forma pauperis filed by Germaine Montes (nas, )
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Filing 2
MOTION for release filed by Germaine Montes. (Attachments: #1 medical records) (nas, )
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Filing 1
PETITION for Writ of Habeas Corpus filed by Germaine Montes. (Attachments: #1 envelope)(nas, )
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