John v. Barr
| David Hyfa Lorenzo John |
| William Barr |
| 1:2021cv00610 |
| May 6, 2021 |
| US District Court for the Western District of New York |
| John L Sinatra |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Document Text |
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| Filing 7 Mail Returned as Undeliverable: 6 Text Order, sent to John David Hyfa Lorenzo. (KLH) |
| Filing 6 TEXT ORDER re #5 Letter from Petitioner. The Court received Petitioner's letter, dated June 7, 2021, which was docketed in the following cases: 20-CV-1372; 21-CV-510; and 21-CV-610. The Court resolved the petition in case number 20-CV-1372 with a January 11, 2021 decision and order, which denied the petition and dismissed it, without prejudice. On April 13, 2021, Petitioner submitted a new petition for a writ of habeas corpus, which was assigned case number 21-CV-510. Consistent with the scheduling order issued by this Court, Respondents responded to that petition on June 7, 2021. On May 6, 2021, the Court received another request for relief from Petitioner, this time a motion for reconsideration in case number 20-CV-1372. The Court construed that motion as a new petition for a writ of habeas corpus and directed the Clerk of Court to open a new case for that petition: case number 21-CV-610. The Court has not yet set a briefing schedule in that case because Petitioner did not submit a complete in forma pauperis motion. On June 10, 2021, the Court instructed Petitioner how to proceed, e.g., either by submitting a new in forma pauperis motion or paying the filing fee. Unless and until Petitioner submits a complete in forma pauperis motion or a filing fee in case number 21-CV-610, he has only one open case: 21-CV-510. Although the Court recognizes that Petitioner currently has only one open case, the Court invites Respondents to submit a letter by July 1, 2021 that addresses their position on how the Court should handle Petitioner's seemingly related claims for relief in cases 21-CV-510 and 21-CV-610, if Petitioner were to re-open 21-CV-610 by submitting the filing fee or a complete in forma pauperis motion. Respondents shall file that letter in case numbers 21-CV-510 and 21-CV-610. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 6/17/2021. (KEF) Chambers mailed a copy of this text order to Petitioner on 6/17/2021. |
| Filing 5 Letter from John David Hyfa Lorenzo, dated June 7, 2021, to Honorable Judge Frank L. Sinatra. (JLV) |
| Filing 4 JUDGMENT in favor of William Barr against David Hyfa Lorenzo John. Signed by Mary C. Loewenguth, Clerk of Court on 6/10/2021. (JLV) Copy mailed to pro se petitioner. |
Filing 3
ORDER denying #2 Motion for Leave to Proceed in forma pauperis without prejudice; that the Clerk of Court shall administratively terminate this action, without filing the petition or assessing a filing fee; that along with a copy of this order, the Clerk of Court shall mail Petitioner a form motion to proceed in forma pauperis, with supporting affirmation; that, if Petitioner wishes to reopen this action, he must submit either (1) a motion to proceed in forma pauperis that includes an affidavit or affirmation establishing his inability to the filing fee, or (2) the $5.00 filing fee, by July 12, 2021; that, upon Petitioner's submission of either (1) a motion to proceed in forma pauperis, or (2) the $5.00 filing fee, the Clerk of Court shall reopen this case. Signed by Hon. John L. Sinatra, Jr. on 6/10/2021. (JLV) Copy mailed to pro se petitioner, along with form motion to proceed in forma pauperis and authorization.
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by David Hyfa Lorenzo John.(SG) |
| Pro Se Packet Mailed to Plaintiff which included: Privacy Notice, Consent to Proceed Before a Magistrate Judge, Civil Case Timeline and Text Order No. 10 from case 20-cv-1372. (SG) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by David Hyfa Lorenzo John.(SG) |
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| Petitioner: David Hyfa Lorenzo John | |
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