Miller v. Uhler
| Scott Miller |
| Donald Uhler |
| 9:2023cv01079 |
| August 28, 2023 |
| US District Court for the Northern District of New York |
| Glenn T Suddaby |
| 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 October 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 9 TEXT NOTICE on the #8 MOTION to Amend filed by Scott Miller: Response to Motion due by 11/7/2023. (Copy served via regular mail) (meb) |
| Filing 8 MOTION to Amend filed by Scott Miller. (Attachments: #1 Proposed amended petition, #2 Mailing envelope) (meb) |
| Filing 7 DECISION AND ORDER that petitioner's motion for appointment of counsel, Dkt. No. #6 , is DENIED WITHOUT PREJUDICE. To the extent petitioner's letter, Dkt. No. #6 , served as a motion to amend the petition, that motion is DENIED WITHOUT PREJUDICE. Petitioner is GRANTED thirty (30) days leave to either (1) file a motion to amend or (2) indicate that he instead wishes for the action to continue with the present petition serving as the complete pleading encompassing all of the claims for which he seeks relief. If petitioner chooses the former, any motion must comply with the applicable federal and local rules. The Clerk is directed to send petitioner a blank section 2254 petition for that purpose. If petitioner files neither an acknowledgment nor a motion, the Court will presume that, despite petitioner's opportunity to file a properly formatted motion to amend, he instead wishes to continue with the progression of his case. Upon the filing of either petitioner's motion or acknowledgment, or at the end of the thirty day period, the Clerk is directed to return the file to the Court for further review. the respondent's answer deadline is STAYED pending resolution of the instant issues. After the thirty day period ends and the Court reviews the case, the Court will also reset the answer deadline. Signed by U.S. District Judge Glenn T Suddaby on 9/26/2023. [Notice of Compliance Deadline 10/27/2023]. (Served petitioner by regular mail along with a blank section 2254 petition form) (sal ) |
| Filing 6 Letter Request for counsel and for clarification filed by Scott Miller. (Mailing envelope included) (meb) |
| Filing 5 NOTICE OF APPEARANCE by Daniel P. Hughes on behalf of Donald Uhler (Hughes, Daniel) |
| Filing 4 DECISION AND ORDER: It is 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; and it is further ORDERED that the respondent shall file and serve an answer to the petition, and provide the Court with the relevant records, within ninety (90) days of the date of this Decision and Order. (Response due by Donald Uhler served on 9/11/2023, answer due 12/11/2023). Signed by U.S. District Judge Glenn T Suddaby on 9/11/2023. (Attachments: #1 Petition)(Served as directed)(meb) |
| Filing 3 TEXT ORDER granting Petitioner's In Forma Paupris Application ("IFP"). Dkt. No. #2 . 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). SO ORDERED by U.S. District Judge Glenn T Suddaby on 8/29/2023. (Copy served upon Petitioner via regular mail) (sal) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Scott Miller. (meb) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Scott Miller. (Attachments: #1 Cover letter and mailing envelope)(meb) |
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| Petitioner: Scott Miller | |
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| Respondent: Donald Uhler | |
| Represented By: | Daniel P. Hughes |
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