McCullars v. Harper
| Ira McCullars |
| Superintendent Harper |
| 9:2021cv00751 |
| July 1, 2021 |
| US District Court for the Northern District of New York |
| Gary L Sharpe |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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Filing 4
ORDER TRANSFERRING Successive Habeas Petition to U.S. Court of Appeals for the Second Circuit. It is ORDERED that the Clerk transfer the petition (Dkt. No. #1 ) to the United States Court of Appeals for the Second Circuit, pursuant to 28 U.S.C. 1631, f or a determination under 28 U.S.C. 2244(b) as to whether petitioner should be authorized to file a second or successive habeas petition in the district court; and it is further ORDERED that the Clerk serve a copy of this Order on petitioner in accordance with the Local Rules. Signed by Senior Judge Gary L. Sharpe on August 6, 2021. (Copy served on petitioner via regular mail).(rep)
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Filing 3
AFFIRMATION: Filed by Ira McCullars. {Mailing envelope attached}. (rep)
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Filing 2
DECISION AND ORDER: It is ORDERED that petitioner may file a written affirmation, within thirty (30) days of the filing date of this Decision and Order, explaining why the statute of limitations should not bar this petition. The affirmation shall not exceed fifteen (15) pages in length. Petitioner should state the date(s) upon which he filed any state court applications for relief in which he challenged his conviction, including the name and location of the court(s) in which he filed each application, and the date(s) upon which the application(s) were denied. If petitioner is asking the court to equitably toll the limitations period, he must set forth facts establishing a basis for the application of equitable tolling as stated above. If petitioner is asking the Court to apply an equitable exception to the limitations period, he must set forth facts establishing a basis for doing so. No answer to the petition will be required from the respondent until petitioner has submitted the required affirmation, and the Court has had the opportunity to review his arguments; and it is further ORDERED that, upon petitioner's submission of the written affirmation, the Clerk shall forward the entire file to the court for review; and it is further ORDERED that, if petitioner fails to submit the required affirmation, this petition shall be dismissed as time-barred under 28 U.S.C. 2244(d) without further order of the Court; and it is further; ORDERED that the Clerk is directed to serve a copy of this Order on petitioner in accordance with the Local Rules. Signed by Senior Judge Gary L. Sharpe on July 13, 2021. {Notice of Compliance Deadline 8/13/2021; Case Review Deadline 9/13/2021}.(Copy served via regular mail on petitioner).(rep)
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Filing 1
PETITION: For Writ of Habeas Corpus, filed by Ira McCullars. (Filing fee $ 5.00, Receipt No. SYR059450). (Attachments: #1 Mailing Envelope)(rep)
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| Petitioner: Ira McCullars | |
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| Respondent: Superintendent Harper | |
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