Partridge v. Bell
| James Partridge |
| State of New York and Eric Bell |
| 9:2021cv00519 |
| May 5, 2021 |
| US District Court for the Northern District of New York |
| Thomas J McAvoy |
| Daniel J Stewart |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Filing 10 NOTICE of Appearance by Priscilla I. Steward on behalf of Eric Bell (Steward, Priscilla) |
| Filing 9 WDNY transfer order of 5/18/2021 (Dkt. No. 7) (Attachments: #1 WDNY docket sheet) (nas, ) |
Filing 8
DECISION AND ORDER: ORDERED that the Clerk is respectfully directed to file the Partridge 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 Clerk is respectfully directed to update the caption of the case to reflect the proper Respondent, Earl Bell, Superintendent of Clinton Correctional Facility. 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 this Decision 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 Daniel J. Stewart on 5/24/2021. (Attachments: #1 petition)[ response due by Eric Bell served on 5/24/2021, answer due 8/23/2021] {served as directed} (nas, )
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Filing 7
ORDER TRANSFERRING CASE to District of Western New York: It is hereby 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 in light of petitioner's compliance with the Administrative Order terminating the action; and it is further ORDERED that, in the event the Western District of New York vacates its judgment, the Western District of New York also consider whether to transfer the action back to the Northern District of New York for the reasons set forth in District Judge Wolford's Transfer Order. Signed by Magistrate Judge Daniel J. Stewart on 5/7/2021. (Copy served via regular mail)(meb)
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| Case transferred electronically to District of Western New York pursuant to Order of Transfer dated 5/7/2021. (meb) |
| Filing 6 Case transferred in from District of New York Western; Case Number 6:21-cv-06262. electronically transferred when case opened |
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Filing 5
ORDER that this case be transferred to the United States District Court for the Northern District of New York. Signed by Hon. Elizabeth A. Wolford on 5/5/2021. (mailed a copy of this order to petitioner) (TF) [Transferred from New York Western on 5/6/2021.]
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| Filing fee: $ 5.00, receipt number ROC012845 (TF) [Transferred from New York Western on 5/6/2021.] |
| Filing 4 JUDGMENT administratively terminating this action without prejudice. Signed by Clerk of Court on 3/26/2021. (mailed a copy of this judgment to petitioner) (TF) [Transferred from New York Western on 5/6/2021.] |
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Filing 3
ORDER that the Clerk of Court shall administratively terminate the Petition without prejudice. Petitioner is granted leave to move to reopen no later than 30 days from the date of this Order. Signed by Hon. Elizabeth A. Wolford on 3/25/2021. (mailed a copy of this order and a form motion for ifp to plaintiff)(TF) [Transferred from New York Western on 5/6/2021.]
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by James Partridge.(TF) [Transferred from New York Western on 5/6/2021.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by James Partridge.(TF) [Transferred from New York Western on 5/6/2021.] |
| 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. Prisoner Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline mailed to plaintiff. (TF) [Transferred from New York Western on 5/6/2021.] |
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