Allevato v. Howard
| Michael F. Allevato |
| David Howard |
| 9:2021cv01159 |
| October 22, 2021 |
| US District Court for the Northern District of New York |
| Glenn T Suddaby |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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TEXT NOTICE on the #12 MOTION for Preliminary Injunction/Temporary Restraining Order: Response to Motion due by 1/4/2022. (Copy served via regular mail)(meb)
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Filing 12
MOTION for Preliminary Injunction/Temporary Restraining Order filed by Michael F. Allevato. (Attachments: #1 Cover letter and attachments, #2 Affidavit of service, #3 Exhibits, #4 Mailing envelope) (meb)
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Filing 11
Letter in support of the #10 Affidavit filed by Michael F. Allevato. (Mailing envelope included) (meb)
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Filing 10
AFFIDAVIT in support of the #7 Affidavit filed by Michael F. Allevato. (Mailing envelope included) (meb)
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Filing 9
NOTICE of Appearance by Jodi A. Danzig on behalf of David Howard (Attachments: #1 Declaration of service)(Danzig, Jodi)
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Filing 8
DECISION AND ORDER: It is ORDERED that the Clerk respectfully serve a copy of this Decision and Order on petitioner in accordance with the Local Rules; and it is further ORDERED that the Clerk respectfully serve copies of this Decision and Order, the petition (Dkt. No. #1 ), the Court's November 9, 2021, Decision and Order (Dkt. No. #6 ), and petitioner's affirmation and supporting exhibits (Dkt. No. #7 ) upon respondent and the Attorney General of the State of New York in accordance with Section XIII, Rule 1.1 of the Local Rules; and it is further ORDERED that 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 (Response due by David Howard served on 12/1/2021, answer due 3/1/2022). Signed by Chief Judge Glenn T. Suddaby on 11/30/2021. (Attachments: #1 Petition, #2 November Order, #3 Affidavit)(Copy served via regular mail)(meb)
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Filing 7
AFFIDAVIT in compliance of Dkt. No. #6 Order by Michael F. Allevato. (Attachments: #1 Exhibit(s), #2 front of envelope, #3 back of envelope)(nas, )
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Filing 6
DECISION AND ORDER 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. Upon petitioner's submission of the written affirmation, the Clerk shall forward the entire file to the court for review. If petitioner fails to submit the required affirmation, this petition shall be dismissed as time-barred under 28 U.S.C. 2244(d) with no further order from the Court. Signed by Chief Judge Glenn T. Suddaby on 11/9/2021. (Copy served upon petitioner via regular mail) (sal )
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Set Deadline : Notice of Compliance Deadline 12/9/2021. Case Review Deadline 1/10/2022. (sal )
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Filing 5
AFFIDAVIT regarding the filing fee filed by Michael F. Allevato. (Mailing envelope included) (meb)
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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 Glenn T. Suddaby on 11/1/2021. (Copy served via regular mail)(meb)
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Filing fee received: $5.00, receipt number SYR059976. (meb)
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Filing 3
Letter requesting the clerk verify the check number that he issued for this case filed by Michael F. Allevato. (Mailing envelope included) [The Clerk is sending a docket sheet to plaintiff via regular mail] (meb)
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Filing 2
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. Because this action was not properly commenced, the Clerk is directed to administratively close this action. 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. Upon petitioner's compliance with this order, the Clerk shall reopen this action and forward it to the Court for review. The Clerk serve a copy of this Order on petitioner along with a blank IFP Application. Signed by Chief Judge Glenn T. Suddaby on 10/25/2021. (Copy served upon petitioner via regular mail) (sal)
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Filing 1
PETITION for Writ of Habeas Corpus filed by Michael F. Allevato. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Cover letter and affidavit of service, #4 Mailing envelope)(meb)
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| Petitioner: Michael F. Allevato | |
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| Respondent: David Howard | |
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