Richards v. Montagari
| Tyler Richards |
| A. Montagari |
| 9:2023cv00800 |
| July 3, 2023 |
| US District Court for the Northern District of New York |
| David N Hurd |
| 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 August 8, 2023. A more recent docket listing may be available from PACER.
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Filing 8
TEXT ORDER RE #7 Letter Request: Petitioner's request for an extension of time to file an amended petition is GRANTED. Notice of Compliance Deadline 11/27/2023. Authorized by Judge David N. Hurd on 8/8/2023. (Copy served via regular mail)(meb)
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| Filing 7 Letter Request for an extension of time to file an amended petition filed by Tyler Richards. (Mailing envelope included) (meb) |
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Filing 6
DECISION AND ORDER: It is 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; 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; 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 8/28/2023, Case Review Deadline 9/26/2023). Signed by Judge David N. Hurd on 7/28/2023. (Copy served via regular mail, along with blank forms)(meb)
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Filing 5
TEXT ORDER granting petitioner's IFP Application. Dkt. No. #3 . 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 Judge David N. Hurd on 7/20/2023. (Copy served via regular mail)(meb)
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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 Judge David N. Hurd on 7/20/2023. (Copy served via regular mail)(meb)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis filed by Tyler Richards. (Mailing envelope included) (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 Judge David N. Hurd on 7/5/2023. (Copy served via regular mail, along with blank forms)(meb)
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| Filing 1 PETITION for Writ of Habeas Corpus filed by Tyler Richards. (Attachments: #1 Exhibits - State Court Records, #2 Mailing envelope)(meb) |
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| Petitioner: Tyler Richards | |
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| Respondent: A. Montagari | |
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