Heimroth v. Miller
| Jacob S. Heimroth |
| State of New York and Christopher Miller |
| 9:2021cv01376 |
| December 27, 2021 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Daniel J Stewart |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| Filing 5 DECISION AND ORDER: ORDERED that petitioner's second IFP application, Dkt. No. #4 , is GRANTED. ORDERED 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. ORDERED that upon petitioner's submission of the written affirmation, the Clerk shall forward the entire file to the court for review. ORDERED that 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 U.S. District Judge Mae A. D'Agostino on February 3, 2022. {order served via regular mail on petitioner}(nas) |
| Set Deadlines/Hearings: Notice of Compliance Deadline 3/3/2022 Case Review Deadline 4/4/2022 (nas, ) |
| Filing fee: $ 5.00, receipt number SYR060353 (nas, ) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Jacob S. Heimroth (Attachments: #1 cover letter and envelope)(nas, ) |
| Filing 3 DECISION AND ORDER: ORDERED that petitioner's IFP application, Dkt. No. #2 , is DENIED WITHOUT PREJUDICE. Petitioner must, within thirty (30) days of the filing date of this Decision and Order, either (1) pay the five dollar ($5.00) filing fee in full, or (2) submit an IFP application which has been completed and signed by him and which has been certified by an appropriate prison official. The Clerk is respectfully directed to provide petitioner with a blank IFPapplication for that purpose. ORDERED that in the event petitioner fails to timely comply with the requirements set forth in this Decision and Order and properly commence the instant action, this action will be dismissed without prejudice without further Order of this Court and the Clerk shall close the case. Signed by U.S. District Judge Mae A. D'Agostino on January 4, 2022. {order and blank ifp form served via regular mail on petitioner}(nas ) |
| Set Deadlines/Hearings: Notice of Compliance Deadline 2/4/2022 Case Review Deadline 3/4/2022 (nas, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Jacob S. Heimroth(nas, ) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Jacob S. Heimroth. (Attachments: #1 cover letter, #2 envelope)(nas ) |
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