Bemiss v. Superintendent
| Daniel Bemiss |
| Superintendent |
| 9:2023cv01249 |
| October 10, 2023 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| 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 November 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 7 DECISION AND ORDER: It is ORDERED that petitioner may file a written affirmation, within thirty (30) days of the filing date of this Decision and Order, explaining why the statute of limitations should not bar this petition. The affirmation shall not exceed fifteen (15) pages in length; and it is further ORDERED that upon petitioner's submission of the written affirmation, the Clerk shall forward the entire file to the court for review; and it is further ORDERED that if petitioner fails to submit the required affirmation, this petition shall be dismissed as time-barred under 28 U.S.C. 2244(d) with no further order from the Court. (Notice of Compliance Deadline 12/28/2023, Case Review Deadline 1/29/2024). Signed by U.S. District Judge Glenn T Suddaby on 11/28/2023. (Copy served via regular mail)(meb) |
| Filing 6 INMATE AUTHORIZATION FORM filed by Daniel Bemiss. (meb) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Daniel Bemiss. (Mailing envelope included)(meb) |
| Filing 4 Letter enclosing a check for the filing fee filed by Daniel Bemiss. (Mailing envelope included) (meb) |
| Filing fee received: $5.00, receipt number 500001130. (meb) |
Filing 3
DECISION AND ORDER: It is hereby ORDERED that petitioner must, within thirty (30) days, provide the Court with an affirmation, sworn to under penalty of perjury, that identifies the source of the additional money in his inmate account, as well as its intended purpose. Petitioner also continues to have the option to remit the $5.00 statutory filing fee in order to properly commence the instant action; and it is further ORDERED that, upon receipt of petitioner's affirmation, the file shall be returned to the Court for further review; and it is further ORDERED that the Clerk shall serve a copy of this Decision and Order on petitioner. (Notice of Compliance Deadline 11/16/2023). Signed by Magistrate Judge Therese Wiley Dancks on 10/17/2023. (Copy served via regular mail)(meb)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Daniel Bemiss.(meb) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Daniel Bemiss. (Attachments: #1 Exhibit(s), #2 Mailing envelope)(meb) |
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| Petitioner: Daniel Bemiss | |
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| Respondent: Superintendent | |
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