Williams v. Latona
| Shaka Williams |
| L. Latona and Letita James |
| 9:2021cv01058 |
| September 24, 2021 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Lawrence E Kahn |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Filing 14 NOTICE of Change of Address filed by Shaka Williams. Old Address: Collins Correctional Facility. New Address: Wyoming Correctional Facility. (Mailing envelope included) [The Clerk is sending a copy of the #12 Decision and Order and the #13 Judgment to plaintiff at his new address via regular mail.] (meb) |
| Filing 13 JUDGMENT: IT IS ORDERED AND ADJUDGED that in the above entitled action, the case is DISMISSED and judgment is entered in favor of the respondent as against the petitioner, in accordance with the #12 DECISION and ORDER of the Honorable Lawrence E. Kahn, U. S. District Judge, dated November 16, 2021. (Copy served via regular mail) (meb) |
Filing 12
DECISION AND ORDER: It is hereby ORDERED, that the Petition, Dkt. No. #1 , is DISMISSED WITHOUT PREJUDICE as premature for failure to exhaust available state court remedies; and it is further ORDERED, that Petitioners motion to amend, Dkt. No. #10 , is DENIED AS MOOT; and it is further 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). Any further request for a COA must be addressed to the Court of Appeals (Fed. R. App. P. 22(b)); 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 Lawrence E. Kahn on 11/16/2021. (Copy served via regular mail)(meb)
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| Filing 11 AFFIRMATION filed by Shaka Williams. (Mailing envelope included) (meb) |
| Filing 10 MOTION to Amend the #1 Petition for Writ of Habeas Corpus filed by Shaka Williams. (Attachments: #1 Mailing envelope) (meb) |
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Filing 9
DECISION AND ORDER: It is hereby ORDERED, that Petitioner's motion for the Court to appoint counsel and assist with photocopying (Dkt. No. #6 ) is DENIED without prejudice; and it is further ORDERED, that Petitioner's motion for leave to proceed IFP (Dkt. No. #5 ) is DENIED as moot; and it is further ORDERED, that Petitioner may file a written affirmation, within thirty (30) days of the filing date of this Decision and Order, clarifying the procedural history and posture of any collateral state court action challenging Petitioner's criminal conviction. The affirmation shall not exceed five (5) 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. Further, Petitioner should also include the dates any appeals were filed and/or decided. 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 at this time; and it is further ORDERED, that either after Petitioner submits his written affirmation or upon the expiration of the thirty days, the Clerk shall forward the entire file to the court for review. Signed by Senior Judge Lawrence E. Kahn on 10/14/2021. (Copy served via regular mail)(meb)
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| Set Deadline: Notice of Compliance Deadline 11/15/2021. (meb) |
| Filing 8 Case transferred in from District of New York Western; Case Number 6:21-cv-06588. electronically transferred when case opened |
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Filing 7
ORDER transferring the case to the United States District Court in the Northern District of New York. Signed by Hon. David G. Larimer on 9/23/2021. (Clerk mailed a copy of this order with the NEF to Petitioner, Shaka Williams. )(LMD) [Transferred from New York Western on 9/24/2021.]
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| Filing 6 MOTION for Assistance to File by Shaka Williams.(KM) [Transferred from New York Western on 9/24/2021.] |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Shaka Williams.(KM) [Transferred from New York Western on 9/24/2021.] |
| Filing 4 Filing fee received: $ 5.00, receipt number BUF073444. (KM) [Transferred from New York Western on 9/24/2021.] |
| Filing 3 AFFIDAVIT in Support of #1 Petition for Writ of Habeas Corpus by Shaka Williams. (KM) [Transferred from New York Western on 9/24/2021.] |
| Filing 2 Letter from Shaka Williams, dated 9/13/2021, to Your Honor. (KM) [Transferred from New York Western on 9/24/2021.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Shaka Williams. (Attachments: #1 envelope, #2 Civil Cover Sheet)(KM) [Transferred from New York Western on 9/24/2021.] |
| 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. (KM) [Transferred from New York Western on 9/24/2021.] |
| Petitioner mailed Pro Se Packet which included: Privacy Notice, Consent to Proceed Before a Magistrate Judge and Civil Case Timeline. (KM) [Transferred from New York Western on 9/24/2021.] |
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