Phelan v. Eckert
| Kenneth J. Phelan |
| S. Eckert |
| 9:2021cv00573 |
| May 19, 2021 |
| US District Court for the Northern District of New York |
| Gary L Sharpe |
| 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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This docket was last retrieved on April 29, 2022. A more recent docket listing may be available from PACER.
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Filing 9
JUDGMENT entered dismissing the action without prejudice in accordance with the 6/23/2021 Decision and Order of Judge Sharpe.{judgment served via regular and certified mail on petitioner} (nas)
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Filing 8
DECISION AND ORDER: ORDERED that the petition, Dkt. No. 1, is DISMISSED WITHOUT PREJUDICE for failure to exhaust available state court remedies. ORDERED that petitioner's application for appointment of counsel, Pet. at 18-19; Dkt. No. 1-1 at 24, 32, is DENIED AS MOOT. ORDERED that no certificate of appealability (COA) shall issue in this case because petitioner has failed to make a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. 2253(c)(2).4 Any further request for a COA must be addressed to the Court of Appeals (Fed. R. App. P. 22(b)). Signed by Senior Judge Gary L. Sharpe on June 23, 2021. {order served via regular mail on petitioner}(nas)
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Filing 7
Mail Returned as Undeliverable. Re: #2 Order Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. Sent to Phelan at Wende Correctional Facility (nas, )
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Filing 6
Letter from Phelan advising of his telephone number. (nas, )
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Filing 5
Letter from Phelan. (nas, )
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Filing 4
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 Gary L. Sharpe on 6/9/2021. {text order served via mail on petitioner}(nas, ) Modified on 6/9/2021 to reflect correct Judge. (nas, ).
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Filing 3
NOTICE of Change of Address by Kenneth J. Phelan Effective Date 6/7/21 Old Address: Wende Correctional Facility (Din # 09-A-1183) New Address: 180 1st Street, Albany NY 12210 [notice hand-delivered to the Court on 6/9/2021](nas, )
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Filing fee: $ 5.00, receipt number ALB0120106 (nas, )
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Filing 2
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: 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 Senior Judge Gary L. Sharpe on 5/19/2021. {order and blank ifp form served via regular mail on petitioner}(nas)
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Filing 1
PETITION for Writ of Habeas Corpus filed by Kenneth J. Phelan. (Attachments: #1 part 2, #2 part 3, #3 envelope)(nas, )
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| Respondent: S. Eckert | |
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