Hawley v. Willard Drug Treatment Campus et al
| Kyle Allen Hawley |
| Willard Drug Treatment Campus and The Chairman of the New York Board of Parole |
| 1:2021cv00429 |
| March 24, 2021 |
| US District Court for the Western District of New York |
| John L Sinatra |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Filing 7 Mail Returned as Undeliverable: 6 Text Order, sent to Kyle Allen Hawley. (KLH) |
| Filing 6 TEXT ORDER. Petitioner notified the Court that he wishes to withdraw his petition so that he may exhaust his state remedies. See Dkt. 5. Because no answer or motion for summary judgment has been filed, Petitioner's request is treated as a voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). The petition (Dkt. 1) is dismissed without prejudice. The Court cautions Petitioner that the one-year limitations period set forth in 28 U.S.C. 2244(d)(1) continues to apply, and that failure to re-file his petition within the limitations period may result in his petition being deemed time-barred. The Clerk of Court shall close this case. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 5/7/2021. (KEF)-CLERK TO FOLLOW UP- Chambers mailed a copy of this text order to Petitioner on 5/7/2021. |
| Filing 5 Letter from Kyle A. Hawley, dated 5/2/21, to Hon. John L. Sinatra, Jr. (JLV) |
Filing 4
ORDER that by May 17, 2021 Petitioner must show cause, in writing, why the Court should not dismiss his petition for failure to exhaust state court remedies; that the Court will not require a response from Respondents, who have not yet been served, at this time; that failure to comply with this order as directed will result in the automatic dismissal of the petition under Rule 4 of the Rules Governing Section 2254 Cases in the United States District Court, without further order or notice to petitioner; that if Petitioner does not comply with this order by May 17, 2021, the Clerk of Court shall dismiss the petition, without prejudice and that such a dismissal shall not constitute a dismissal on the merits for purposed of 28 U.S.C. 2244(b) and would not preclude the filing of another petition. Signed by Hon. John L. Sinatra, Jr. on 4/16/2021. (JLV) Copy mailed to pro se petitioner.
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| Filing 3 Letter from Kyle Hawley consenting to convert his petition to one brought under 28 U.S.C. 2254. (JLV) |
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Filing 2
ORDER that the Court therefore notifies Hawley that it intends to convert this petition as one brought pursuant to 28 U.S.C. 2254, which will subject the petition to the "second" or "successive" restrictions in 28 U.S.C. 2244. Hawley shall inform the Court, in writing, by May 3, 2021 whether he: (1) consents to the conversion, which could have the consequences explained above; or (2) voluntarily withdraws the petition to avoid conversion to a Section 2254 petition. If Hawley does not withdraw his petition by May 3, 2021, the Court will convert his petition to a Section 2254 petition. Signed by Hon. John L. Sinatra, Jr. on 4/2/2021. (CGJ) Copy mailed to Petitioner
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| Filing 1 PETITION for Writ of Habeas Corpus filed by Kyle Allen Hawley. (JLV) |
| Filing fee received: $5.00, receipt number BUF071497. (JLV) |
| Pro Se Packet Mailed to Petitioner which included: Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline. (JLV) |
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