Brown v. Superintendent
| Sammy L. Brown |
| Superintendent |
| 9:2021cv01094 |
| October 6, 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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This docket was last retrieved on October 26, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 JUDGMENT: IT IS ORDERED AND ADJUDGED that the application to proceed IFP (Dkt. No. #7 ) is DENIED AS MOOT. That the petition (Dkt. No. #1 ) is DISMISSED WITHOUT PREJUDICE for failure to exhaust available state court remedies. That no certificate of appealability (COA) shall issue in this case because petition 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)). (Copy served via regular mail on petitioner). (rep) |
Filing 8
DECISION AND ORDER: It is ORDERED that the application to proceed IFP (Dkt. No. #7 ) is DENIED AS MOOT; and it is further ORDERED that the petition (Dkt. No. #1 ) is DISMISSED WITHOUT PREJUDICE for failure to exhaust available state court remedies; 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 of Practice. Signed by Senior Judge Gary L. Sharpe on October 26, 2021. (Copy served via regular mail on petitioner).(rep)
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| Filing 7 MOTION: For Leave to Proceed in forma pauperis, filed by Sammy L. Brown. {Motion filed in the Western District of New York on 10/8/2021 and transmitted to the Northern District of New York on 10/22/2021}. (rep) |
| Filing 6 Case transferred in from District of New York Western; Case Number 6:21-cv-06568. electronically transferred when case opened |
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Filing 5
ORDER transferring case to the Northern District of New York, The September 9, 2021 judgment administratively closing this action #3 is vacated. Filing fee is paid. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 10/6/2021. (Clerk mailed a copy of this Order to Petitioner, Sammy Brown.) (LMD) [Transferred from New York Western on 10/6/2021.]
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| Writ of Habeas Corpus Filing fee paid by Plaintiff, Sammy Brown: $ 5, receipt number ROC13109. Case Reopened. (LMD) [Transferred from New York Western on 10/6/2021.] |
| Filing 4 JUDGMENT administratively closing the case. Signed by Clerk on 9/9/21. (JHF) [Transferred from New York Western on 10/6/2021.] |
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Filing 3
ORDER administratively terminating the action. If Petitioner wishes to reopen this action, he shall pay the filing fee of $5.00, or notify the Court in writing as directed no latter than 30 days from the date of this order. Clerk directed to send to Petitioner a form motion to proceed in forma pauperis with supporting affirmation and authorization form. Clerk directed to conform the case caption to the case caption of this order. Signed by Hon. Frank P. Geraci, Jr. on 9/8/21. (JHF) [Transferred from New York Western on 10/6/2021.]
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| Clerk mailed copy of #3 order, #4 judgment and the form motion to proceed in forma pauperis with supporting affirmation and authorization form to pro se petitioner. (JHF) [Transferred from New York Western on 10/6/2021.] |
| Filing 2 Letter from Sammy L. Brown dated 8/16/2021 to Whom it may concern requesting his petition for a writ of habeas corpus be held in abeyance until he has exhausted all state remedies. (LMD) [Transferred from New York Western on 10/6/2021.] |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Sammy L. Brown.(LMD) [Transferred from New York Western on 10/6/2021.] |
| 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. (LMD) [Transferred from New York Western on 10/6/2021.] |
| Prisoner Pro Se Packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge and Civil Case Timeline mailed to plaintiff. (LMD) [Transferred from New York Western on 10/6/2021.] |
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