Hilton v. Miller
Petitioner: James Hilton
Respondent: Christopher Miller
Case Number: 9:2022cv00152
Filed: February 17, 2022
Court: US District Court for the Northern District of New York
Presiding Judge: Therese Wiley Dancks
Referring Judge: Gary L Sharpe
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 24, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 24, 2022 Opinion or Order Filing 7 JUDGMENT entered dismissing the action in accordance with the 3/24/2022 Decision and Order of Judge Sharpe. {judgment served via regular mail on petitioner} (nas)
March 24, 2022 Opinion or Order Filing 6 DECISION AND ORDER: ORDERED that the petition (Dkt. No. 1) is DISMISSED WITHOUT PREJUDICE for failure to exhaust available state court remedies. 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).4 Any further request for a COA must be addressed to the Court of Appeals (Fed. R. App. P. 22(b)). Signed by Senior Judge Gary L. Sharpe on March 24, 2022. {order served via regular mail on petitioner} (nas, ).
March 10, 2022 Opinion or Order Filing 5 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 Gary L. Sharpe on March 10, 2022. {text order served via regular mail on petitioner}(nas)
March 10, 2022 Opinion or Order Filing 4 Letter enclosing filing fee and Prisoner Trust Fund Account Statement by James Hilton. (Attachments: #1 envelope)(nas, )
March 10, 2022 Opinion or Order Filing fee: $ 5.00, receipt number SYR060559 (nas, )
February 17, 2022 Opinion or Order 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 Senior Judge Gary L. Sharpe on February 17, 2022. {ordeer and blank ifp form served via regular mail on petitioner}(nas, )
February 17, 2022 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis filed by James Hilton(nas, )
February 17, 2022 Opinion or Order Filing 1 PETITION for Writ of Habeas Corpus filed by James Hilton. (Attachments: #1 envelope)(nas, )

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Petitioner: James Hilton
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Respondent: Christopher Miller
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