Brandon v. Sheriff
| Charles Brandon |
| Sheriff |
| 9:2022cv01073 |
| October 17, 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 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on December 19, 2023. A more recent docket listing may be available from PACER.
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Filing 9
DECISION AND ORDER that petitioner's second IFP application, Dkt. No. #8 , is GRANTED. Petitioner's first IFP application, Dkt. No. #4 , is DISMISSED AS MOOT. Petitioner may file a written affirmation, within thirty (30) days of the filing date of this Decision and Order, explaining why the statute of limitations should not bar this petition. No answer to the petition will be required from the respondent until petitioner has submitted the required affirmation, and the Court has had the opportunity to review his arguments. Upon petitioner's submission of the written affirmation, the Clerk shall forward the entire file to the court for review. If petitioner fails to submit the required affirmation, this petition shall be dismissed as time-barred under 28 U.S.C. 2244(d) with no further order from the Court. Signed by U.S. District Judge Glenn T. Suddaby on 12/7/2022. (Copy served upon petitioner via regular mail)(sal )
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Set Deadlines: Notice of Compliance Deadline 1/6/2023. Case Review Deadline 2/6/2023. (sal)
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Filing 8
MOTION for Leave to Proceed in forma pauperis filed by Charles Brandon(nas, )
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Filing 7
DECISION AND ORDER that petitioner will have a second opportunity to properly commence his action. Therefore, he must, within thirty (30) days of the filing date of this Decision and Order, either (1) pay the required filing fee of five dollars ($5.00) or (2) submit a complete IFP application that has been certified and signed by an appropriate prison official. The Clerk is directed to provide petitioner with a blank IFP application for that purpose. If petitioner fails to submit either the required filing fee of five dollars ($5.00) or a complete, certified IFP application within thirty (30) days of the filing date of this Decision and Order, this action will be dismissed without further order from the Court. Upon receipt of either petitioner's filing fee or his complete, certified IFP application, the Clerk shall forward the file to the Court for further review. The Clerk is directed to serve a copy of this Decision and Order on petitioner in accordance with the Court's Local Rules of Practice and a second copy of this Decision and Order for his use in requesting that the certification section of his IFP application be completed, signed, and returned to him by an appropriate jail official, so that he may submit it to this Court. Signed by U.S. District Judge Glenn T. Suddaby on 11/14/2022. (Notice of Compliance Deadline 12/14/2022, Case Review Deadline 1/13/2023) (Copy served upon petitioner via regular mail, along w/ blank IFP application and 2nd copy of this Decision and Order) (sal ) (Attachments: #1 Blank IFP Application)(sal )
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Filing 6
Submission from Brandon. (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 Glenn T. Suddaby on November 4, 2022. {text order served via regular mail on petitioner}(nas)
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Filing 4
MOTION for Leave to Proceed in forma pauperis filed by Charles Brandon(nas, )
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Filing 3
Submission in support of #1 Petition for Writ of Habeas Corpus by Charles Brandon. (nas )
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Filing 2
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. Signed by U.S. District Judge Glenn T. Suddaby on 10/18/2022. (Served petitioner w/ a copy of this order and blank IFP application by regular mail). (sal )
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Filing 1
PETITION for Writ of Habeas Corpus filed by Charles Brandon.(nas )
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