Phelps v. Lamanna
Petitioner: Matthew C. Phelps
Respondent: Amy Lamanna
Case Number: 9:2021cv01210
Filed: November 8, 2021
Court: US District Court for the Northern District of New York
Presiding Judge: Lawrence E Kahn
Referring Judge: Miroslav Lovric
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 22, 2021 Filing 8 Letter regarding the filing fee filed by Matthew C. Phelps. (Mailing envelope included) [The Clerk is sending a copy of the docket sheet to petitioner.] (meb)
November 19, 2021 Filing 7 JUDGMENT: IT IS ORDERED AND ADJUDGED that this action is dismissed in accordance with the #6 Decision and Order dated November 19, 2021 of Senior Judge Lawrence E. Kahn which ORDERED that the petition for a writ of habeas corpus is DISMISSED WITHOUT PREJUDICE for failure to exhaust available state court remedies and ORDERED that no certificate of appealability shall be issued. (Copy served via regular mail) (meb)
November 19, 2021 Opinion or Order Filing 6 DECISION AND ORDER: It is hereby 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. Signed by Senior Judge Lawrence E. Kahn on 11/19/2021. (Copy served via regular mail)(meb)
November 15, 2021 Opinion or Order 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 Senior Judge Lawrence E. Kahn on 11/15/2021. (Copy served via regular mail)(meb)
November 12, 2021 Filing 5 Letter enclosing the filing fee filed by Matthew C. Phelps. (Mailing envelope included) (meb)
November 12, 2021 Filing fee received: $5.00, receipt number SYR060049. (meb)
November 10, 2021 Opinion or Order Filing 3 ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: It is hereby ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further 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; and it is further ORDERED that upon petitioner's compliance with this order, the Clerk shall reopen this action and forward it to the Court for review; and it is further ORDERED that the Clerk serve a copy of this Order on petitioner along with a blank IFP Application. Signed by Senior Judge Lawrence E. Kahn on 11/10/2021. (Copy served via regular mail, along with blank forms)(meb)
November 8, 2021 Filing 2 Letter Request for a stay of the proceedings filed by Matthew C. Phelps. (meb)
November 8, 2021 Filing 1 PETITION for Writ of Habeas Corpus filed by Matthew C. Phelps. (Attachments: #1 Exhibits, #2 Mailing envelope)(meb)

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Petitioner: Matthew C. Phelps
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Respondent: Amy Lamanna
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