Chase v. Wolcott
| Randolph Chase |
| Julie Wolcott |
| 9:2021cv00473 |
| April 26, 2021 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Therese Wiley Dancks |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 11
TEXT ORDER. The Court is in receipt of petitioner's recent letter motion requesting (1) the caption be amended to substitute DOCCS Commissioner Anthony Annucci as respondent and (2) the Court provide proof of filing of its last Decision and Order. Dkt. No. #10 . Petitioner wishes to substitute respondents because Annucci was named as the respondent in his state court action. Id. at 1-2. The proper respondent in a habeas action brought pursuant to 28 U.S.C. 2254 is the superintendent of the facility in which petitioner is incarcerated. See Rule 2(a), Rules Governing Section 2254 Cases in the United States District Courts & Advisory Notes. Because petitioner is incarcerated at Orleans Correctional Facility, the correct respondent is the Superintendent of that facility, which is Julie Wolcott. Accordingly, petitioner's motion to amend the caption is DENIED. Additionally, the Clerk is respectfully directed to provide petitioner with a "file stamped" copy of the Court's Decision and Order dated May 24, 2021, Dkt. No. #8 , as well as a copy of the docket sheet for his records. Authorized by Magistrate Judge Therese Wiley Dancks on 6/10/2021. {text order and referenced documents served via regular mail on petitioner}(nas)
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Filing 10
Letter Motion from Randolph Chase requesting for the caption to be amended to reflect Annucci as respondent and proof of filing of order. (Attachments: #1 envelope)(nas, )
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Filing 9
Western District's Transfer Order of 5/6/21 (Dkt. No. 7) (Attachments: #1 Docket sheet) (nas, )
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Filing 8
DECISION AND ORDER: ORDERED that the Clerk is respectfully directed to file the Chase I, Transfer Order and WDNY docket sheet into the instant action. Further, the Clerk is respectfully directed to reopen the instant action. ORDERED that the petitioner's IFP Application, Dkt. No. #4 , is GRANTED. ORDERED that the Clerk serve copies of this Decision and Order and the petition upon respondent and the Attorney General of the State of New York in accordance with Section XIII, Rule 1.1(d) of the Local Rules. ORDERED that the respondent shall file and serve an answer to the petition, and provide the Court with the relevant records, within ninety (90) days of the date of thisDecision and Order. ORDERED that petitioner may, but is not required to, file a reply within thirty (30) days of the filing date of respondent's answer. Signed by Magistrate Judge Therese Wiley Dancks on 5/24/2021. (Attachments: #1 petition)[response due by Julie Wolcott served on 5/24/2021, answer due 8/23/2021] {served as directed}(nas )
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Filing 7
ORDER: ORDERED that the Clerk of the Court transfer this action back to the Western District of New York so that Court may consider whether to vacate its judgment and reopen the action in light of petitioner's compliance with the Court's administrative order terminating the action. ORDERED that, in the event the Western District of New York vacates its judgment and reopens this action, the Western District of New York also consider whether to transfer. Signed by Magistrate Judge Therese Wiley Dancks on 4/28/2021. {order served via regular mail on petitioner}(nas )
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Filing 6
Case transferred in from District of New York Western; Case Number 6:21-cv-06254. electronically transferred when case opened
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Filing 5
ORDER transferring this case to the U.S. District Court for the Northern District New York. The determination of Petitioner's motion for permission to proceed in forma pauperis is left to the U.S. District Court for the Northern District New York. Signed by Hon. Elizabeth A. Wolford on 4/26/21. Copy mailed to pro se petitioner. (JHF) [Transferred from New York Western on 4/27/2021.]
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Case electronically transferred to the Northern District of New York. (JHF) [Transferred from New York Western on 4/27/2021.]
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Filing 4
MOTION for Leave to Proceed in forma pauperis by Randolph Chase. (Attachments: #1 Envelope) (JHF) [Transferred from New York Western on 4/27/2021.]
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Filing 3
JUDGMENT administratively terminating the action. Signed by Clerk on 4/1/21. (JHF) [Transferred from New York Western on 4/27/2021.]
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Filing 2
ORDER administratively terminating the action. If Plaintiff wishes to reopen this action, he shall pay the filing fee of $5.00, or notify the Court in writing as directed no latter than 30 days from the date of this order. Clerk directed to send to Plaintiff a form motion to proceed in forma pauperis with authorization form. Signed by Hon. Elizabeth A. Wolford on 4/1/21. (JHF) [Transferred from New York Western on 4/27/2021.]
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Clerk mailed copies of #2 order, #3 judgment and a form motion to proceed in forma pauperis with authorization form to petitioner. (JHF) [Transferred from New York Western on 4/27/2021.]
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Filing 1
PETITION for Writ of Habeas Corpus, filed by Randolph Chase. (Attachments: #1 Civil Cover Sheet, #2 Envelope) (JHF) [Transferred from New York Western on 4/27/2021.]
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (JHF) [Transferred from New York Western on 4/27/2021.]
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Prisoner Pro Se Packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge and Civil Case Timeline mailed to petitioner. (JHF) [Transferred from New York Western on 4/27/2021.]
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