Williams II v. Gonzalez
| Charles R. Williams II |
| Esteban B. Gonzalez |
| 9:2022cv01054 |
| October 12, 2022 |
| US District Court for the Northern District of New York |
| Gary L Sharpe |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| Filing 5 JUDGMENT: IT IS ORDERED AND ADJUDGED that the petition (Dkt. No. #1 ) is DISMISSED WITHOUT PREJUDICE as premature for failure to exhaust available state court remedies. That the Clerk respectfully provide petitioner with a courtesy copy of Docket Number 13, the Decision and Order dismissing petitioner's first habeas action without prejudice as premature, in Williams II v. Gonzalez, No. 9:20-cv-660 (LEK), as well as a 42 U.S.C. 1983 packet for his reference. 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. Ap. P. 22(b)). (Copy served via regular mail) (meb) |
Filing 4
DECISION AND ORDER: It is ORDERED that the petition (Dkt. No. #1 ) is DISMISSED WITHOUT PREJUDICE as premature for failure to exhaust available state court remedies; and it is further ORDERED that the Clerk respectfully provide petitioner with a courtesy copy of Docket Number 13, the Decision and Order dismissing petitioner's first habeas action without prejudice as premature, in Williams II v. Gonzalez, No. 920-CV-0660 (LEK), as well as a 42 U.S.C. 1983 packet for his reference; and it is further 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).5 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 10/26/2022. (Copy served via regular mail)(meb)
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| Filing 3 SUPPLEMENT to the #1 Petition filed by Charles R. Williams II.(meb) |
| Filing 2 Letter regarding issues at the facility filed by Charles R. Williams II. (meb) |
| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5, receipt number SYR061526) filed by Charles R. Williams II.(meb) |
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| Petitioner: Charles R. Williams II | |
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| Respondent: Esteban B. Gonzalez | |
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