Guilder v. Murphy
| Nicholas E. Guilder |
| Washington County Jail |
| 9:2022cv01032 |
| October 3, 2022 |
| 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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This docket was last retrieved on December 1, 2022. A more recent docket listing may be available from PACER.
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Filing 9
DECISION AND ORDER: ORDERED that petitioner's motion for reconsideration (Dkt. No. #8 ) is DENIED WITH PREJUDICE. ORDERED that no Certificate of Appealability ("COA") shall issue because petitioner has failed to make a "substantial showing of the denial of a constitutional right" as 28 U.S.C. 2253(c)(2) requires. ORDERED that any further request for a Certificate of Appealability must be addressed to the Court of Appeals (Fed. R. App. P. 22(b)). Signed by U.S. District Judge Mae A. D'Agostino on December 1, 2022. {order served via regular mail on petitioner}(nas)
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Filing 8
MOTION for Reconsideration of #6 Order filed by Nicholas E. Guilder. (nas, )
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Filing 7
JUDGMENT entered dismissing the action in accordance with the October 31, 2022 Decision and Order of Judge D'Agostino.{judgment served via regular mail on petitioner} (nas)
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Filing 6
DECISION AND ORDER: ORDERED that the Clerk respectfully update the caption to reflect the proper respondent, Sheriff Jeffrey J. Murphy. ORDERED that the petition, Dkt. No. 1, is DISMISSED WITHOUT PREJUDICE as premature for failure to exhaust available state court remedies. ORDERED that the Clerk respectfully provide petitioner with a 42 U.S.C. 1983 packet for his reference. 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). Any further request for a COA must be addressed to the Court of Appeals (Fed. R. App. P. 22(b)). Signed by U.S. District Judge Mae A. D'Agostino on October 31, 2022. {order and a 42:U.S.C.Sect. 1983 packet 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 U.S. District Judge Mae A. D'Agostino on October 17, 2022. {text order served via regular mail on petitioner}(nas )
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Filing 4
State Court Records filed by Nicholas E. Guilder. (Attachments: #1 envelope)(nas )
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Filing fee: $ 5.00, receipt number SYR061557 (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 U.S. District Judge Mae A. D'Agostino on October 3, 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 Nicholas E. Guilder[only page 1 rec'd](nas)
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Filing 1
PETITION for Writ of Habeas Corpus filed by Nicholas E. Guilder. (Attachments: #1 envelope)(nas )
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| Petitioner: Nicholas E. Guilder | |
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| Respondent: Washington County Jail | |
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