Altheiser v. Tedford
| Michael Altheiser |
| Anthony J. Annucci |
| 9:2021cv01083 |
| October 4, 2021 |
| US District Court for the Northern District of New York |
| Brenda K Sannes |
| 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 March 1, 2023. A more recent docket listing may be available from PACER.
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Filing 8
TEXT ORDER: The Clerk of Court is directed to STRIKE the Affidavit submitted to the Court by Joseph Mullady, Dkt. No. #6 , from the docket. Petitioner is reminded that only a party or an attorney representing a party can file papers in this action. The Clerk of Court is respectfully directed to serve a copy of this Text Order and an updated docket sheet on petitioner. Further, the Clerk is respectfully directed to return the Affidavit to Josephy Mullady at the return address he provided as Adirondack Correctional Facility, 196 Raybrook Road, P.O. Box 110, Ray Brook, NY 12977. Because this submission is being stricken from the docket, it will not be considered by the Court. So Ordered by Judge Brenda K. Sannes on 11/23/2021. [Copy served upon pro se plaintiff via regular mail with docket sheet.] (nmk)
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Filing 7
Letter from Altheiser dated 11/18/2021 advising that he will be released from prison on 12/2/2021. (Attachments: #1 envelope)(nas, )
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Filing 6
*STRICKEN* Letter enclosing affidavit submitted by Joseph Mullady on behalf of Michael Altheiser. (Attachments: #1 envelope)(nas, ) Modified on 11/22/2021 (nas, ). Stricken on 11/23/2021. (nmk)
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Filing 5
DECISION AND ORDER: ORDERED that the Clerk is respectfully directed to update the caption to reflect the proper respondent. ORDERED that petitioner's motion for appointment of counsel, Dkt. No. 1-2 at 3, is DENIED WITHOUT PREJUDICE. ORDERED that the Clerk respectfully serve a copy of this Decision and Order on petitioner in accordance with the Local Rules. 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 Judge Brenda K. Sannes on November 12, 2021. (Attachments: #1 petition)[response due by Jeffrey Tedford served on 11/12/2021, answer due 2/10/2022]{served as directed}(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 Judge Brenda K. Sannes on October 21, 2021. {text order served via regular mail on petitioner}(nas, )
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Filing fee: $ 5.00, receipt number UTC003323 (nas )
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Filing 3
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that petitioner's IFP Application is DENIED as incomplete. 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 Judge Brenda K. Sannes on October 5, 2021. {order and blank ifp form served via regular mail on petitioner}(nas )
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Michael Altheiser (nas, )
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Filing 1
PETITION for Writ of Habeas Corpus filed by Michael Altheiser. (Attachments: #1 Memorandum of Law, #2 Affidavit, #3 cover letter, #4 envelope)(nas )
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| Petitioner: Michael Altheiser | |
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| Respondent: Anthony J. Annucci | |
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