David v. Montagart
| Nigel David |
| A. Montagart |
| 9:2022cv01298 |
| December 2, 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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This docket was last retrieved on January 19, 2023. A more recent docket listing may be available from PACER.
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Filing 8
DECISION AND ORDER: It is ORDERED that, given the necessity for an amended petition to determine the viability of the instant action, petitioner's letter request (Dkt. No. #6 ) is DENIED WITHOUT PREJUDICE as premature; and it is further ORDERED that petitioner may file an amended petition within thirty (30) days of the filing date of this Decision and Order. The Clerk is directed to provide petitioner with a blank 2254 habeas petition for this purpose; and it is further ORDERED that, if petitioner does not file an amended petition within thirty (30) days of the filing date of this Decision and Order, the Clerk shall enter judgment dismissing this action without further order of the Court, see Habeas Rule 4; and it is further ORDERED that, upon the filing of any amended petition, the Clerk shall forward the file in this matter to the Court for further review. No answer to the petition will be required from respondent until petitioner has submitted the amended petition, and the Court has had the opportunity to review his arguments. (Notice of Compliance Deadline 2/21/2023 Case Review Deadline 3/20/2023). Signed by Senior Judge Gary L. Sharpe on 1/19/2023. (Copy served via regular mail)(meb)
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Filing 7
TEXT ORDER granting petitioner's IFP Application. Dkt. No. #4 . 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 1/13/2023. (Copy served via regular mail)(meb)
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| Filing 6 Letter Request for all state court records, immediate release, and to press charges filed by Nigel David. (Mailing envelope included) (meb) |
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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 Senior Judge Gary L. Sharpe on 12/12/2022. (Copy served via regular mail)(meb)
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| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Nigel David. (Mailing envelope included) (meb) |
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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 December 6, 2022. {order and blank ifp form served via regular mail on petitioner}(nas )
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| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Nigel David. (meb) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Nigel David. (Mailing envelope included)(meb) |
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| Petitioner: Nigel David | |
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| Respondent: A. Montagart | |
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