Wells v. United States of America
| Perry Wells |
| United States of America |
| 1:2022cv00233 |
| January 10, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Valerie E Caproni |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 fd Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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| Document Text |
|---|
| Mailed a copy of #4 Order Directing Payment of Fee or IFP Application to Perry Wells, Reg. 86769-054 at Federal Correctional Institution, F.C.I. Fort Dix (Camp), P.O. Box 2000, Joint Base MDL, NJ 08640. (kh) |
Filing 4
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Petitioner, who is proceeding pro se, brings this petition for a writ of habeas corpus. To proceed with a petition for a writ of habeas corpus in this Court, a petitioner must either pay the $5.00 filing fee or, submit a signed IFP application to request authorization to proceed in forma pauperis (IFP), that is, without prepayment of fees. See 28 U.S.C. 1914, 1915. Petitioner submitted the petition without the filing fee or an IFP application. Within thirty 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 22-CV-0233 (VEC). 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). No answer shall be required at this time. If Petitioner complies with this order, the case shall be processed in accordance with the procedures of the Clerk's Office. 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, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). The Clerk of Court is directed to mail a copy of this order and the enclosed form to Petitioner and to note service on the docket. SO ORDERED. Filing Fee due by 2/18/2022. In Forma Pauperis (IFP) Application due by 2/18/2022. (Signed by Judge Valerie E. Caproni on 1/19/2022) (tg) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Unassigned is no longer assigned to the case..(bcu) |
| Mailed a copy of #1 Order and a copy of the docket sheet, to Perry Wells, Reg. 86769-054 at Federal Correctional Institution, F.C.I., Fort Dix (Camp), P.O. Box 2000, Joint Base MDL, NJ 08640. (dsh) |
| Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Perry Wells. (sac) |
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Filing 1
ORDER: WHEREAS on January 10, 2022, Mr. Wells filed a letter requesting that his sentence be recalculated, Dkt. 310; and WHEREAS the Court construes Mr. Wells' motion as a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. IT IS HEREBY ORDERED that the Clerk of Court is directed to open a parallel civil case for Mr. Wells habeas petition. The document at 19-CR-212, Dkt. 310, should be docketed as docket entry 1 in the new civil case. The Clerk of Court is further directed to mail a copy of this Order to Perry J. Wells, Reg. No. 86769-054, FCI Fort Dix, Federal Correctional Institution, P.O. Box 2000, Joint Base MDL, NJ 08640, and to note the mailing on the docket. (Signed by Judge Valerie E. Caproni on 1/10/2022) (sac) Transmission to Docket Assistant Clerk for processing.
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| Case Designated ECF. (sac) |
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| Petitioner: Perry Wells | |
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| Respondent: United States of America | |
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