LaDuke v. Miller
| Robert LaDuke |
| Mark Miller |
| 9:2023cv01389 |
| November 6, 2023 |
| US District Court for the Northern District of New York |
| Thomas J McAvoy |
| 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 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 5 JUDGMENT: IT IS ORDERED AND ADJUDGED that this action is dismissed in accordance with the #4 Decision and Order dated November 17, 2023 of Senior Judge Thomas J. McAvoy 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 4
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 Senior Judge Thomas J. McAvoy on 11/17/2023. (Copy served via regular mail)(meb)
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Filing 3
TEXT ORDER granting petitioner's IFP Application. 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). Authorized by Senior Judge Thomas J. McAvoy on 11/8/2023. (Copy served via regular mail)(meb)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Robert LaDuke. (meb) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Robert LaDuke. (Attachments: #1 Exhibits, #2 Cover letter and mailing envelope)(meb) |
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| Petitioner: Robert LaDuke | |
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| Respondent: Mark Miller | |
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