Knapp v. Chenango County Jail
| Christopher Knapp |
| Chenango County Jail |
| 9:2022cv01106 |
| October 26, 2022 |
| US District Court for the Northern District of New York |
| 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 January 17, 2023. A more recent docket listing may be available from PACER.
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Filing 8
DECISION AND ORDER that petitioner's application to proceed IFP for purposes of his habeas petition, Dkt. No. #4 , is GRANTED. The petition, Dkt. No. #1 , is DISMISSED WITHOUT PREJUDICE as premature for failure to exhaust available state court remedies. 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)). Petitioner is given thirty (30) days to inform the Court whether he wishes to (1) convert the instant action to a Section 1983 complaint and remit the statutory filing fee or a new IFP application, or (2) voluntarily withdraw his conditions of confinement claims and dismiss the instant action, with the opportunity, if he so chooses, to seek to amend his complaint in Knapp v. Chenango County Sheriff's Office et al., No. 9:22-CV-1068 (DNH/TWD). Signed by U.S. District Judge Glenn T. Suddaby on 11/28/2022. (Copy served upon petitioner via regular mail)(sal )
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Set Deadlines : Notice of Compliance Deadline 12/28/2022 (sal)
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Filing 7
Affirmation in response to #6 Order by Christopher Knapp. (Attachments: #1 envelope)(nas )
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Filing 6
DECISION AND ORDER that petitioner will have another opportunity to properly commence his action. Therefore, petitioner 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 an affirmation outlining how he attempted to get his IFP application properly certified. Petitioner's written affirmation shall clarify the specific attempts petitioner has made to receive proper certification for his IFP application. The affirmation shall not exceed five (5) pages in length. Petitioner should state the date(s) upon which he spoke to any jail officials, their names, and what transpired during their conversations. If petitioner fails to submit either the required filing fee of five dollars ($5.00) or an affirmation 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 affirmation, the Clerk shall forward the file to the Court for further review. 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) (sal )
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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 Christopher Knapp (Attachments: #1 cover letter; envelope) (nas, )
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Filing 3
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement. Petitioner's IFP Application is DENIED as incomplete. 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 shall serve a copy of this Order on petitioner along with a blank IFP Application. Signed by U.S. District Judge Glenn T. Suddaby on 10/27/2022. (Copy served upon petitioner along with a blank IFP application via regular mail) (sal)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Christopher Knapp (Attachments: #1 cover letter) (nas)
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Filing 1
PETITION for Writ of Habeas Corpus filed by Christopher Knapp.(nas)
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| Petitioner: Christopher Knapp | |
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