Phelps v. Superintendent
| Darryl Phelps |
| Superintendent |
| 1:2020cv10352 |
| December 8, 2020 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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Filing 14
INFORMATION PACKAGE MAILED to Darryl Phelps DIN No. 98A3370 Gouverneur Correctional Facility P.O. Box480 Gouverneur, NY 13642-0370 on 02/05/2021 Re: #13 Order to Answer via MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (ta)
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Filing 13
ORDER TO ANSWER, 28 U.S.C. 2254: Having examined this petition under 28 U.S.C. 2254, the Court hereby ORDERS that: The Clerk of Court shall serve a copy of this Order, the petition (Dkt. #1), and four subsequently filed letters (Dkt. #3, 5, 7, 10) on the Attorney General of the State of New York by certified mail to 28 Liberty Street, New York, New York, 10005; and on the District Attorney of New York County by certified mail to One Hogan Place, New York, New York 10013. Within sixty (60) days of the date of this Order, Respondent shall file and serve (i) an answer to the petition and (ii) the transcripts and briefs identified in Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. Petitioner may file and serve reply papers, if any, within thirty (30) days from the date he is served with Respondent's answer. The Clerk of Court is further directed to mail a copy of this Order to Petitioner's address of record. (Signed by Judge Katherine Polk Failla on 2/5/2021) (nb) Transmission to Pro Se Assistants for processing.
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Filing 12
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. The Clerk of Court is directed to mail a copy of this Order to Petitioner's address of record. SO ORDERED. (Signed by Judge Katherine Polk Failla on 2/5/2021) (ks) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #10 Letter, #1 Petition for Writ of Habeas Corpus, #13 Order to Answer #5 Letter, #7 Letter, #3 Letter to Attorney General of the State of New York 28 Liberty Street New York, New York, 10005 by Certified Mail # 70191120000088948321 with Return Receipt Requested. (ta)
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Mailed a copy of #10 Letter, #1 Petition for Writ of Habeas Corpus, #13 Order to Answer #5 Letter, #7 Letter, #3 Letter to District Attorney of New York County One Hogan Place, New York, NY 10013 by Certified Mail # 70191120000088948314 with Return Receipt Requested..(ta)
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Filing 11
PRISONER AUTHORIZATION. Document filed by Darryl Phelps.(nb)
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Filing 10
LETTER addressed to Judge Katherine Polk Failla from D. Phelps dated January 2021 re: All Subject are Part of Conditions of Confinement. Document filed by Darryl Phelps.(ama)
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Mailed a copy of #9 Order Directing Prisoner Authorization to Darryl Phelps, DIN No. 98A3370 at Gouverneur Correctional Facility, P.O. Box 480, Gouverneur, NY 13642-0370. (kh)
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Filing 9
ORDER DIRECTING PRISONER AUTHORIZATION: The Court is in receipt of Petitioner Darryl Phelps's application to proceed in forma pauperis (IFP). If the Court grants a prisoner's IFP application, the Prison Litigation Reform Act requires the Court to collect the $350.00 filing fee in installments deducted from the prisoner's account. See 28 U.S.C. 1915(b)(1). A prisoner seeking to proceed in this Court without prepayment of fees must therefore authorize the Court to withdraw these payments from his account by filing a prisoner authorization, which directs the facility where the prisoner is incarcerated to deduct the $350.00 filing fee1 from the prisoner's account in installments and to send to the Court certified copies of the prisoner's account statements for the past six months. See 28 U.S.C. 1915(a)(2), (b). The required authorization form is attached to this Order for Petitioner's use, if he so desires. Petitioner is directed to submit the required authorization form on or before February 9, 2021, labeled with docket number 20 Civ. 10352 (KPF). If the Court grants the IFP application, Petitioner will be permitted to proceed without prepayment of fees. See 28 U.S.C. 1915(a)(1). The Clerk of Court is directed to mail a copy of this Order to Petitioner and note service on the docket. No answer shall be required at this time. Prisoner Authorization Form due by 2/9/2021. (Signed by Judge Katherine Polk Failla on 1/26/2021) (nb) Transmission to Docket Assistant Clerk for processing.
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Filing 8
MEMORANDUM OF LAW COMPASSIONATE RELEASE. Document filed by Darryl Phelps..(rro)
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Filing 7
LETTER from Darryl Phelps dated 1/8/2021 re: petition for district court to modify a condition of supervised release. Document filed by Darryl Phelps..(rro)
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Filing 6
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: The Court is in receipt of Petitioner Darryl Phelps's letter dated January 7, 2021. (Dkt. #5). By Order dated December 29, 2020, Petitioner was advised that to proceed with his petition for a writ of habeas corpus in this Court, he must either pay the $5.00 filing fee or, to request authorization to proceed in forma pauperis (IFP), submit a signed IFP application. The Court also indicated that if Petitioner fails to either pay the filing fee or submit a signed IFP application within the time allowed, the action will be dismissed. The Court reiterates those requirements here and extends Petitioner's response deadline to February 4, 2021. An IFP application is attached to this Order for Petitioner's use, if he so desires. If Petitioner submits the IFP application, it should be labeled with docket number 20 Civ. 10352 (KPF). If the Court grants the IFP application, Petitioner will be permitted to proceed without prepayment of fees. See 28 U.S.C. 1915(a)(1). The Clerk of Court is directed to mail a copy of this Order to Petitioner and note service on the docket. No answer shall be required at this time. Filing Fee due by 2/4/2021. In Forma Pauperis (IFP) Application due by 2/4/2021. (Signed by Judge Katherine Polk Failla on 1/14/2021) (mro) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #6 Order Directing Payment of Fee or IFP Application to Darryl Phelps, DIN No. 98A3370 at Gouverneur Correctional Facility, P.O. Box 480, Gouverneur, NY 13642-0370. (kh)
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Filing 5
LETTER from Darryl Phelps dated 1/7/2021 re: pleading petition seeking compassionate release covid-19 in correctional facility dorms. Document filed by Darryl Phelps.(rro) Modified on 1/13/2021 (rro).
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Filing 4
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Within thirty (30) days of the date of this Order, Petitioner must either pay the $5.00 filing fee or complete and submit the attached IFP application. If Petitioner submits the IFP application, it should be labeled with docket number 20 Civ. 10352 (KPF). If the Court grants the IFP application, Petitioner will be permitted to proceed without prepayment of fees. See 28 U.S.C. 1915(a)(1). The Clerk of Court is directed to mail a copy of this Order to Petitioner and note service on the docket. No answer shall be required at this time. If Petitioner fails to comply with this Order within the time allowed, the action will be dismissed. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 44445 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). (Filing Fee due by 1/28/2021. In Forma Pauperis (IFP) Application due by 1/28/2021.) (Signed by Judge Katherine Polk Failla on 12/29/2020) (rro) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #4 Order Directing Payment of Fee or IFP Application, to Darryl Phelps, DIN No. 98A3370 at Gouverneur Correctional Facility, P.O. Box480, Gouverneur, NY 13642-0370. (dsh)
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Filing 3
LETTER addressed to U.S. Court District Judge Hon from Darryl Phelps dated 12/20/2020 re: Wherefore petitioner prays for (TRO) to be released to a residence facility in the New York area. Document filed by Darryl Phelps..(rj)
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NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case..(bcu)
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Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (bcu)
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Filing 1
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2254. Document filed by Darryl Phelps. (sac)
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Case Designated ECF. (sac)
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