Smith v. Reardon
| Perry F. Smith, Jr. |
| Reardon |
| 9:2022cv00732 |
| July 11, 2022 |
| US District Court for the Northern District of New York |
| Brenda K Sannes |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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This docket was last retrieved on April 11, 2023. A more recent docket listing may be available from PACER.
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Filing 9
AMENDED PETITION for Writ of Habeas Corpus filed by Perry F. Smith, Jr. (Attachments: #1 envelope)(nas, )
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Filing 8
DECISION AND ORDER: ORDERED that petitioner's letter notifying the Court that he wishes to convert his federal habeas petition from one brought pursuant to 28 U.S.C. 2241 to one brought pursuant to 28 U.S.C. 2254 is GRANTED. ORDERED that the Clerk is respectfully directed to provide petitioner with a blank 2254 habeas petition. ORDERED that if petitioner fails to file an amended petition within thirty (30) days of the filing date of this Decision and Order, the Clerk shall enter judgment dismissing this action without further order. ORDERED that upon the filing of any amended petition, the Clerk shall forward the file to the Court for further review. Signed by Judge Brenda K. Sannes on August 16, 2022. ( Notice of Compliance Deadline 9/16/2022, Case Review Deadline 10/17/2022){order and blank 2254 form served via regular mail on petitioner} (nas )
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Filing 7
Letter in response to #6 Order by Perry F. Smith, Jr. (nas, )
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Filing 6
DECISION AND ORDER: ORDERED that petitioner must notify the Court in writing within thirty (30) days of the filing date of this Decision and Order whether he: (1) consents to having his section 2241 petition converted to a section 2254 petition; or (2) voluntarily withdraws the pending petition instead of having it converted. If petitioner fails to advise the Court in writing within thirty (30) days of the filing date of this Decision and Order of either his consent to the conversion or his voluntary withdrawal of this petition, the petition will be converted to a section 2254 petition. ORDERED that if petitioner does not voluntarily withdraw his petition, he must file an amended petition within thirty (30) days of the filing date of this Decision and Order. The Clerk is directed to provide petitioner with a blank 2254 habeas petition for that purpose. ORDERED that if petitioner fails to file an amended petition within thirty (30) days of the filing date of this Decision and Order, the Clerk shall enter judgment dismissing this action without further order. Signed by Judge Brenda K. Sannes on August 3, 2022. ( Notice of Compliance Deadline 9/6/2022, Case Review Deadline 10/3/2022){order and blank 2254 form served via regular mail on petitioner} (nas)
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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 Judge Brenda K. Sannes on August 1, 2022. {text order served via regular mail on petitioner}(nas )
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Filing 4
Letter from Smith enclosing the filing fee. (nas, )
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Filing fee: $ 5.00, receipt number SYR061175 (nas, )
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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 Judge Brenda K. Sannes on July 13, 2022. {order and blank ifp form served via regular mail on petitioner}(nas)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Perry F. Smith, Jr (nas )
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Filing 1
PETITION for Writ of Habeas Corpus filed by Perry F. Smith, Jr. (Attachments: #1 verification, #2 envelope)(nas)
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