Morrison v. Wolcott
Duone Morrison |
Julie Wolcott |
9:2022cv01267 |
November 28, 2022 |
US District Court for the Northern District of New York |
Therese Wiley Dancks |
Glenn T Suddaby |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
Docket Report
This docket was last retrieved on August 22, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 9 JUDGMENT that, pursuant to the Decision and Order (Dkt. No. #8 ) issued on January 17, 2023 by the Honorable Glenn T. Suddaby, the petition, Dkt. No. #1 , is DISMISSED WITHOUT PREJUDICE 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)). The Clerk is directed to close this action. All of the above pursuant to the Decision and Order dated January 17, 2023 issued by the Honorable Glenn T. Suddaby. Dkt. No. #8 . (Copy served upon petitioner via regular mail) (sal ) |
Filing 8 DECISION AND ORDER that the petition, Dkt. No. #1 , is DISMISSED WITHOUT PREJUDICE 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)). Signed by U.S. District Judge Glenn T. Suddaby on 1/17/2023. (Copy served upon petitioner via regular mail) (sal) |
Filing 7 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 December 22, 2022. {text order served via regular mail on petitioner}(nas ) |
Filing 6 Letter from Morrison enclosing filing fee. (nas, ) |
Filing fee: $ 5.00, receipt number SYR061845 (nas, ) |
Filing 5 TEXT ORDER granting Petitioner's #4 letter requesting an extension of time to comply with this Court's Order Directing Administrative Closure. Petitioner is granted an extension of time until February 4, 2023 to either submit a certified In Forma Pauperis Application or pay the filing fee of $5.00. The Clerk is directed to provide Petitioner with a copy of Dkt. No. #3 . SO ORDERED by U.S. District Judge Glenn T. Suddaby on 12/20/2022. (Copy of Text Order and Dkt. No. #3 served upon Petitioner via regular mail) (sal ) |
Filing 4 Letter Motion from Duone Morrison requesting an extension of time. (nas, ) |
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 sis directed to serve a copy of this Order on petitioner along with a blank IFP Application. Signed by U.S. District Judge Glenn T. Suddaby on 12/5/2022. (Attachments: #1 Blank IFP application) (Copy served upon petitioner along w/ blank IFP application via regular mail)(sal ) |
Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Duone Morrison(nas, ) |
Filing 1 PETITION for Writ of Habeas Corpus filed by Duone Morrison. (Attachments: #1 cover letter, #2 affidavit of service, #3 envelope)(nas, ) |
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Petitioner: Duone Morrison | |
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Respondent: Julie Wolcott | |
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