Hubbard v. Willard D.T.C.
| Gregory A. Hubbard |
| Willard D.T.C. |
| 1:2021cv01155 |
| October 26, 2021 |
| US District Court for the Western District of New York |
| Lawrence J Vilardo |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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This docket was last retrieved on November 19, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 4 TEXT ORDER: The pro se petitioner, Gregory A. Hubbard, filed a petition for a writ of habeas corpus under 28 U.S.C. 2241, Docket Item 1, seeking his immediate release, id. at 3. Because Hubbard is in state custody pursuant to a sentence imposed by a state court, this Court construed his petition as having been brought under 28 U.S.C. 2254. Docket Item 2. Before converting Hubbard's petition into one under section 2254, however, the Court gave Hubbard an opportunity to withdraw his petition because of the restrictions imposed on "second or successive" petitions brought under that section. Id. at 3-4 (citing 28 U.S.C. 2244(b)). Hubbard now has moved to withdraw his petition. Docket Item 3. That motion is GRANTED, and the petition is dismissed without prejudice. Hubbard is warned, however, that failure to refile his petition within the one-year limitations period under 28 U.S.C. 2244(d)(1) may result in the dismissal of his petition as time barred. The Court also notes that the one-year limitations period was not tolled while this petition was pending. See Duncan v. Walker, 533 U.S. 167 (2001). The Clerk of the Court shall close this case. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/19/2021. (Chambers mailed a copy of this text order to the pro se petitioner.) (WMH)-CLERK TO FOLLOW UP- |
| Filing 3 MOTION to Withdraw Petition by Gregory A. Hubbard.(SG) |
Filing 2
ORDER that Hubbard shall inform this Court in writing if he wishes to withdraw his petition within 30 days of the date of this order. If Hubbard does not withdraw his petition, the Court will convert the petition into one filed under 28 U.S.C. 2254 and the Clerk of the Court shall update the caption accordingly. Signed by Hon. Lawrence J. Vilardo on 11/8/2021. (CGJ) Copy mailed to Petitioner
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| Pro Se Packet Mailed to Plaintiff which included: Privacy Notice, Consent to Proceed Before a Magistrate Judge, Civil Case Timeline.(SG) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Gregory A. Hubbard. Receipt ROC013156, $5.00. (Attachments: #1 Civil Cover Sheet, #2 envelope, #3 receipt)(SG) |
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| Petitioner: Gregory A. Hubbard | |
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| Respondent: Willard D.T.C. | |
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