Zangrilli v. McCauliffe
| Gregory Martin Zangrilli |
| Chris Sweet and Brian McCauliffe |
| 9:2022cv01359 |
| December 16, 2022 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| 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 February 13, 2023. A more recent docket listing may be available from PACER.
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Filing 11
TEXT ORDER: The Clerk of Court is directed to STRIKE the submission filed by Peter Joseph Polinski, Dkt. No. #10 , from the docket. As already explained in the Court's last Decision and Order, Dkt. No. #9 , only a party or an attorney representing a party can file papers in this action and Polinski is neither. The Clerk of Court is respectfully directed to serve a copy of this Text Order and an updated docket sheet on petitioner. Further, the Clerk is respectfully directed to return this submission at the return address Polinski provided, 5735 Cavanaugh Road, Suite 614, Marcy, NY 13403. Because this submission is being stricken from the docket, it will not be considered by the Court. Petitioner is reminded that his amended petition is due on or before March 2, 2023. Failure to file an amended petition will result in the Clerk of the Court dismissing the action without further order of the Court. IT IS SO ORDERED. Authorized by Senior Judge Gary L. Sharpe on 2/13/2023. (Copy served via regular mail)(meb)
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| Filing 10 ***STRICKEN PER THE #11 TEXT ORDER*** NOTICE filed by non-party Peter Joseph Polinski. (meb) Modified on 2/13/2023 to strike (meb). |
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Filing 9
DECISION AND ORDER: It is ORDERED that the Clerk is respectfully directed to update Zangrilli's address and the name of the proper respondent, Dkt. No. #8 ; and it is further ORDERED that Polinski's application for "Next of Friend" status is DENIED; and it is further ORDERED that Zangrilli, as a pro se 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, 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 the respondent until petitioner has submitted the amended petition, and the Court has had the opportunity to review his arguments. (Notice of Compliance Deadline 3/2/2023, Case Review Deadline 4/3/2023). Signed by Senior Judge Gary L. Sharpe on 1/31/2023. (Copy served via regular mail)(meb)
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| Filing 8 Letter advising the court of petitioner's address change filed by non-party Peter Joseph Polinski. (meb) |
| Filing 7 NOTICE: Proposed order filed by non-party Peter Joseph Polinski. (meb) |
| Filing 6 AFFIRMATION filed by non-party Peter Joseph Polinski. (meb) |
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Filing 5
DECISION AND ORDER: It is ORDERED that the Clerk shall amend the docket to reflect that the sole respondent is James Donahue, Superintendent of Elmira Correctional Facility; and it is further ORDERED that Polinski may file an affirmation within thirty (30) days of the filing date of this Decision and Order. The affirmation shall establish why Zangrilli cannot appear on his own behalf to prosecute the action; the relationship between Polinski and Zangrilli; and how Polinski is dedicated to Zangrilli's best interests. The affidavit is limited to five (5) pages, excluding any attached relevant documentation demonstrating Zangrilli's inability to represent himself; and it is further ORDERED that, following the expiration of thirty (30) days, the Clerk shall forward the file in this matter to the Court for further review; and it is further ORDERED that the Clerk serve a copy of this Decision and Order upon Polinski and Zangrilli in accordance with the Court's Local Rules of Practice. (Notice of Compliance Deadline 2/8/2023). Signed by Senior Judge Gary L. Sharpe on 1/6/2023. (Copy served via regular mail)(meb)
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| Filing 4 Exhibits in support of the #1 Petition filed by Gregory Martin Zangrilli. (meb) (Additional attachment(s) added on 1/4/2023: #1 Exhibit(s)) (meb, ). |
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Filing 3
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 12/27/2022. (Copy served via regular mail)(meb)
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| Filing fee received: $5.00, receipt number UTC003376. (meb) |
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Filing 2
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: It is hereby ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action; and it is further 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; and it is further ORDERED that upon petitioner's compliance with this order, the Clerk shall reopen this action and forward it to the Court for review; and it is further ORDERED that the Clerk serve a copy of this Order on petitioner along with a blank IFP Application. Signed by Senior Judge Gary L. Sharpe on 12/20/2022. (Copy served via regular mail, along with blank forms)(meb)
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| Filing 1 PETITION for Writ of Habeas Corpus filed by Gregory Martin Zangrilli. (Attachments: #1 Exhibit(s))(nas ) (Additional attachment(s) added on 12/20/2022: #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 notice of appearance by Peter Joseph Polinski) (nas, ). |
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