Robinson v. Jones
| Christopher E. Robinson |
| Gerald Jones |
| 9:2022cv01404 |
| December 29, 2022 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| 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 23, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 JUDGMENT: IT IS ORDERED AND ADJUDGED that this action is dismissed in accordance with the #5 Decision and Order dated January 23, 2023 of District Judge Mae A. D'Agostino which ORDERED that the petition for a writ of habeas corpus is DISMISSED WITHOUT PREJUDICE for failure to exhaust available state court remedies and ORDERED that no certificate of appealability shall be issued. (Copy served via regular mail) (meb) |
| Filing 5 DECISION AND ORDER: It is ORDERED that the petition, Dkt. No. #1 , is DISMISSED WITHOUT PREJUDICE as premature for failure to exhaust available state court remedies; and it is further ORDERED that 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 Mae A. D'Agostino on 1/23/2023. (Copy served via regular mail)(meb) |
| Filing 4 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 Mae A. D'Agostino on 1/18/2023. (Copy served via regular mail)(meb) |
| Filing fee received: $5.00, receipt number SYR061939. (meb) |
Filing 3
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: 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 U.S. District Judge Mae A. D'Agostino on January 3, 2023. {order and blank ifp form served via regular mail on petitioner}(nas)
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| Filing 2 State Court Records filed by Christopher E. Robinson. (Attachments: #1 part 2 of 3, #2 part 3 of 3)(nas) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Christopher E. Robinson. (Attachments: #1 envelope)(nas) |
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| Petitioner: Christopher E. Robinson | |
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| Respondent: Gerald Jones | |
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