Knapp v. Chenango County Jail

Filing 9

DECISION AND ORDER that the remaining claims are WITHDRAWN and the action is DISMISSED WITHOUT PREJUDICE. Signed by U.S. District Judge Glenn T. Suddaby on 1/17/2023. (Copy served upon petitioner via regular mail)(sal)

Case 9:22-cv-01106-GTS Document 9 Filed 01/17/23 Page 1 of 2

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

CHRISTOPHER KNAPP,
Petitioner,
v.

9:22-CV-1106
(GTS)

CHENANGO COUNTY JAIL, Sheriff's Office,
Respondent.

APPEARANCES:

OF COUNSEL:

CHRISTOPHER KNAPP
Petitioner, pro se
3967
Chenango County Jail
279 County Road 46
Norwich, NY 13815
GLENN T. SUDDABY
United States District Judge
DECISION and ORDER

Petitioner Christopher Knapp sought federal habeas relief pursuant to 28 U.S.C. §
2241. Dkt. No. 1, Petition. 1 On November 28, 2022, this Court dismissed the habeas
petition without prejudice as premature. Dkt. No. 8, Decision and Order ("November Order").
Further, petitioner was given the option to either (1) have his action converted to a civil rights
complaint, and remit the statutory filing feel or a new IFP application, or (2) voluntarily
withdraw the civil rights claims and, if he so chooses, amend the presently pending complaint
filed in Knapp v. Chenango County Sheriff's Office et al., No. 9:22-CV-1068 (DNH/TWD)

1

Citations to the petition and exhibits refer to the pagination generated by CM/ECF, the Court's electronic
filing system.

Case 9:22-cv-01106-GTS Document 9 Filed 01/17/23 Page 2 of 2

("Knapp I").2 Id. at 4-8. Petitioner's response was due on or before December 28, 2022.
Nothing has been filed with the Court.
However, on December 28, 2022, the Court did receive an amended pleading and
motion to appoint counsel from petitioner in his other pending civil rights action. Knapp I,
Dkt. No. 19, Complaint & Dkt. No. 20, Motion. Accordingly, despite Knapp's silence in this
action, it appears that he has decided to continue to pursue his conditions of confinement
claims by engaging with the Court in Knapp I. Consequently, both petitioner's inaction here,
and actions elsewhere, signify his intent to voluntarily withdraw his conditions of confinement
claims, as opposed to submitting a second filing fee and pursuing a parallel civil rights action.
WHEREFORE, it is
ORDERED that the remaining claims are WITHDRAWN and the action is DISMISSED
WITHOUT PREJUDICE; and it is further
ORDERED that the Clerk serve copies of this Decision and Order upon petitioner in
accordance with the Local Rules.
Dated: January 17, 2023

2

The Federal Rules provide that "[a] party may amend its pleading once as a matter of course within . . .
21 days of serving it[.]" FED. R. CIV. PRO. 15(a)(1). "In all other cases, a party may amend its pleading . . . with the
opposing party's written consent or the court's leave." Id. 15(a)(2).

2