Guerrero v. Wolcott
| Kevin Guerrero |
| Julie Wolcott |
| 9:2022cv00691 |
| June 30, 2022 |
| US District Court for the Northern District of New York |
| Thomas J McAvoy |
| 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 August 2, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 6
DECISION AND ORDER: It is ORDERED that petitioner's second IFP application, Dkt. No. #4 , is DENIED AS MOOT; and it is ORDERED that, within thirty (30) days of the filing date of this Decision and Order, petitioner must file an affirmation either (1) explaining how the 440 motion is related to the instant petition and the claims herein so that the Court can determine how best to proceed or (2) confirming that the claims are, to the best of petitioner's knowledge and skill, properly exhausted and the petition is ready to move forward; and it is ORDERED that upon such filing, the Clerk is directed to return the file to the Court for further review. Signed by Senior Judge Thomas J. McAvoy on 8/2/2022. (Copy served via regular mail)(meb)
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| Set Deadline: Notice of Compliance Deadline 9/1/2022. (meb) |
| Filing fee received: $5.00, receipt number SYR061160. (meb) |
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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 Thomas J. McAvoy on 7/27/2022. (Copy served via regular mail)(meb)
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| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Kevin Guerrero. (Mailing envelope included) (meb) |
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Filing 3
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: It is hereby ORDERED that petitioner's IFP Application is DENIED as incomplete; and it is further 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 Thomas J. McAvoy on 7/11/2022. (Copy served via regular mail, along with blank forms)(meb)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Kevin Guerrero. (meb) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Kevin Guerrero. (Attachments: #1 Exhibits, #2 Mailing envelope)(meb) |
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| Petitioner: Kevin Guerrero | |
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| Respondent: Julie Wolcott | |
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