Colombe v. Murphey
| Gerald F. Colombe, III |
| Jeff Murphey |
| 9:2022cv00844 |
| August 15, 2022 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Glenn T Suddaby |
| 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 September 13, 2022. A more recent docket listing may be available from PACER.
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Filing 7
DECISION AND ORDER 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. 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. 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. Upon the filing of any amended petition, the Clerk shall forward the file to the Court for further review. Signed by U.S. District Judge Glenn T. Suddaby on 9/13/2022. (Copy served upon petitioner, along w/ a blank section 2254 habeas petition form, by regular mail). (sal )
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Set Deadlines: Notice of Compliance Deadline 10/13/2022. Case Review Deadline 11/14/2022. (sal )
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Filing 6
TEXT ORDER granting petitioner's IFP Application. Dkt. No. #4 . Based on petitioner's certified IFP Application, he is eligible to proceed with this action without paying the statutory filing fee. Petitioner will still be required to pay fees that he may incur in the future regarding this action, including but not limited to copying fees ($.50 per page). Authorized by Magistrate Judge Christian F. Hummel on 8/29/2022. (Copy served via regular mail)(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 Chief Judge Glenn T. Suddaby on 8/29/2022. (Copy served via regular mail)(meb)
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Filing 4
MOTION for Leave to Proceed in forma pauperis filed by Gerald F. Colombe, III.(meb)
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Filing 3
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. Because this action was not properly commenced, the Clerk is directed to administratively close this action. 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. Upon petitioner's compliance with this order, the Clerk shall reopen this action and forward it to the Court for review. The Clerk is directed to serve a copy of this Order on petitioner along with a blank IFP Application. Signed by Chief Judge Glenn T. Suddaby on 8/18/2022. (Copy served upon petitioner along w/ a blank IFP application via regular mail)(sal )
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Filing 2
Letter requesting a civil rights complaint packet filed by Gerald F. Colombe, III. [The Clerk is sending a civil rights packet with the pro se handbook and local rules to petitioner via regular mail.] (meb)
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Filing 1
PETITION for Writ of Habeas Corpus filed by Gerald F. Colombe, III.(meb)
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| Petitioner: Gerald F. Colombe, III | |
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| Respondent: Jeff Murphey | |
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