White v. Montagari
Petitioner: Alonte White
Respondent: A. Montagari
Case Number: 9:2022cv01266
Filed: November 28, 2022
Court: US District Court for the Northern District of New York
Presiding Judge: Gary L Sharpe
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 20, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 20, 2023 Opinion or Order Filing 11 Submission in support of #1 Petition for Writ of Habeas Corpus by Alonte White. (nas )
January 20, 2023 Opinion or Order Filing 10 DECISION AND ORDER: ORDERED that 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 and either how he has successfully exhausted his state court remedies or why that requirement should be waived. ORDERED that, upon petitioner's submission of the written affirmation, the Clerk shall forward the entire file to the court for review. ORDERED that, if petitioner fails to submit the required affirmation, this petition shall be dismissed as time-barred under 28 U.S.C. 2244(d) without further order of the Court. Signed by Senior Judge Gary L. Sharpe on January 20, 2023. {order served via regular mail on petitioner}( Notice of Compliance Deadline 2/21/2023, Case Review Deadline 3/21/2023)(nas, )
January 19, 2023 Opinion or Order Filing 9 Affirmation in response to #8 Order by Alonte White. (nas, )
January 12, 2023 Opinion or Order Filing 8 DECISION AND ORDER: ORDERED that 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. The affirmation shall not exceed fifteen (15) pages in length. Petitioner should state the date(s) upon which he filed any state court applications for relief in which he challenged his conviction, including the name and location of the court(s) in which he filed each application, and the date(s) upon which the application(s) were denied. If petitioner is asking the court to equitably toll the limitations period, he must set forth facts establishing a basis for the application of equitable tolling as stated above. If petitioner is asking the Court to apply an equitable exception to the limitations period, he must set forth facts establishing a basis for doing so. 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. ORDERED that, upon petitioner's submission of the written affirmation, the Clerk shall forward the entire file to the court for review. ORDERED that, if petitioner fails to submit the required affirmation, this petition shallbe dismissed as time-barred under 28 U.S.C. 2244(d) without further order of the Court. Signed by Senior Judge Gary L. Sharpe on January 11, 2023. ( Notice of Compliance Deadline 2/13/2023, Case Review Deadline 3/13/2023){order served via regular mail on petitioner} (nas)
January 10, 2023 Opinion or Order Filing 7 TEXT ORDER granting petitioner's IFP Application. Dkt. No. #5 . 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 Senior Judge Gary L. Sharpe on January 10, 2023. {text order served via regular mail on petitioner}(nas, )
January 9, 2023 Opinion or Order Filing 6 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 Senior Judge Gary L. Sharpe on January 9, 2023. {text order served via regular mail on petitioner}(nas)
January 6, 2023 Opinion or Order Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Alonte White (nas )
December 28, 2022 Opinion or Order Filing 4 Letter from White inquiring as to receipt of ifp application. Updated copy of docket sheet; administrative closure order and blank ifp form served on Petitioner. (nas)
November 30, 2022 Opinion or Order 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 Senior Judge Gary L. Sharpe on November 30, 2022. {order and blank ifp form served via regular mail on petitioner}(nas)
November 28, 2022 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Alonte White (nas, )
November 28, 2022 Opinion or Order Filing 1 PETITION for Writ of Habeas Corpus filed by Alonte White. (Attachments: #1 envelope)(nas )

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Petitioner: Alonte White
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Respondent: A. Montagari
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