Barzee v. Yehl
| Saio Barzee |
| Christopher M. Yehl |
| 9:2023cv01022 |
| August 21, 2023 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| 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 September 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 14 NOTICE OF CHANGE OF ADDRESS by Saio Barzee Effective Date 9/20/2023 Old Address: 300 West Ostrander Avenue, Syracuse NY 13205. New Address: 6061 Donnybrook Drive, Cicero NY 13039. Copy of Dkt. No. 12 mailed to petitioner at new address. (nas ) |
| Filing 13 Mail Returned as Undeliverable. Dkt. NO. #12 Order was sent to Barzee Address sent to 300 West Ostrander Avenue, Syracuse NY 13205. Envelope indicates "return to sender - vacant - unable to forward". (nas, ) |
Filing 12
DECISION AND ORDER: ORDERED that petitioner's second application for IFP, Dkt. No. #6 , is DENIED without prejudice. ORDERED that petitioner's motion for CM/ECF access and to omit his mailing address, Dkt. No. #11 , is DENIED. ORDERED that petitioner is reminded of his continuing obligation to notify the Clerk's Office of his current address if he wishes to avoid dismissal of this action. ORDERED that the Clerk serve copies of this Decision and Order and the petition upon respondent and the Attorney General of the State of New York in accordance with Section XIII, Rule 1.1(d) of the Local Rules. ORDERED that the respondent shall file and serve an answer to the petition, andprovide the Court with the relevant records,6 within ninety (90) days of the date of this Decision and Order. ORDERED that petitioner may, but is not required to, file a reply within thirty (30) days of the filing date of respondent's answer. Signed by Magistrate Judge Miroslav Lovric on September 1, 2023. (Attachments: #1 petition with exhibits) [response due by Christopher M. Yehl served on 9/1/2023, answer due 11/30/2023]{served as directed}(nas)
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| Filing 11 NOTICE OF CHANGE OF ADDRESS and request from Saio Barzee requesting that his address isn't for public viewing. (nas) (nas, ). |
| Filing 10 Case transferred in from District of New York Western; Case Number 6:23-cv-06389. electronically transferred when case opened |
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Filing 9
ORDER re #1 Petition for Writ of Habeas Corpus filed by Saio Barzee. Petitioner has paid the $5.00 filing fee and filed Motions to proceed in forma pauperis ECF #2 , #6 . In the interest of justice, the Court orders that this case be transferred to the United States District Court for the Northern District of New York. The Judgment administratively closing this action, ECF #4 , is vacated, and this Court makes no ruling on the pending motions. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 8/21/2023. (LMD)This was mailed to: Saio Barzee. [Transferred from New York Western on 8/21/2023.]
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| Filing fee received in the amount of $5.00, receipt number 600000447. (RE) [Transferred from New York Western on 8/21/2023.] |
| Filing 8 Letter from Saio Barzee, dated 8/6/23, to Clerk of Court. Clerk mailed NEF for filing fee to Petitioner. (RE) [Transferred from New York Western on 8/21/2023.] |
| Filing fee received in the amount of $5.00, receipt number 100002342. (RE) [Transferred from New York Western on 8/21/2023.] |
| Filing 7 AFFIDAVIT of Service re #6 MOTION for Leave to Proceed in forma pauperis, filed by Saio Barzee. (RE) [Transferred from New York Western on 8/21/2023.] |
| Filing 6 MOTION for Leave to Proceed in forma pauperis by Saio Barzee. (Attachments: #1 Envelope)(RE) [Transferred from New York Western on 8/21/2023.] |
| Filing 5 Letter from Saio Barzee, dated 7/18/23, to Clerk of Court. (RE) [Transferred from New York Western on 8/21/2023.] |
| Filing 4 VACATED PER ORDER #9 - JUDGMENT administratively terminating the action. Signed by Mary C. Loewenguth, Clerk of Court on 7/20/23. This was mailed to: Saio Barzee with a form motion to proceed in forma pauperis. (RE) Modified on 8/21/2023 (LMD). [Transferred from New York Western on 8/21/2023.] |
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Filing 3
ORDER denying #2 Motion for Leave to Proceed in forma pauperis. The Clerk of Court shall administratively terminate this action without filing the complaint or assessing a filing fee. The Clerk of Court is directed to send to Petitioner a form motion to proceed in forma pauperis. Upon Petitioner's submission of either (1) the $5.00 filing fee or (2) a motion to proceed in forma pauperis that includes a completed and signed prison certification section, the Clerk of Court shall reopen this case without further order. Signed by Hon. Frank P. Geraci, Jr. on 7/19/23. (RE)This was mailed to: Saio Barzee. Modified docket text on 7/20/2023 (RE). [Transferred from New York Western on 8/21/2023.]
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| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (JHF) [Transferred from New York Western on 8/21/2023.] |
| Prisoner Pro Se Packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge and Civil Case Timeline mailed to petitioner. (JHF) [Transferred from New York Western on 8/21/2023.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Saio Barzee. Received for docketing on 7/10/23. (JHF) [Transferred from New York Western on 8/21/2023.] |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Saio Barzee. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 01-HC-01, #3 Exhibit Two, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C) (JHF) Received for docketing on 7/10/23. [Transferred from New York Western on 8/21/2023.] |
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| Petitioner: Saio Barzee | |
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| Respondent: Christopher M. Yehl | |
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