Wilson v. Attorney General State of New York et al

Filing 12

ORDER: On July 9, 2013, the Court granted Petitioners application to proceed in forma pauperis (IFP) in this pro se habeas corpus action. By order and judgment dated August 2, 2013, the Court denied Petitioners habeas corpus petition without prejudi ce. Years after the Court closed this action, on November 10, 2021, the court received from Petitioner payment of the $5.00 filing fee to bring a habeas corpus action. Six days later, on November 16, 2021, the court received a letter from Petiti oner in which he states that on November 2, 2021, he sent to the court the $5.00 filing fee, as well as a "declaration of impediment, federal hab [sic] and exhibits to be received by this court." (ECF 10.) In his letter, Petitioner inq uires as to the status of his "moving papers." (Id.) While the court has received the $5.00 filing fee, it has not received the submissions to which Petitioner refers in his letter. In light of Petitioner's pro se status, and because the Court granted Petitioner IFP status for this action and it appears that Petitioner may be attempting to file a new petition for a writ of habeas corpus under 28 U.S.C. § 2254 in which he intends to pay the $5.00 filing fee, t he Court directs the Clerk of Court to the return to Petitioner the $5.00 filing fee that he paid in this closed action. The Court has attached to this order a Section 2254 petition form that Petitioner may use to file a new habeas corpus act ion. The Court directs the Clerk of Court to mail a copy of this order to Petitioner and note service on the docket. SO ORDERED. (Signed by Judge Loretta A. Preska on 11/18/21) (Attachments: # 1 Attachment) (rdz) Transmission to Docket Assistant Clerk for processing. Transmission to Finance Unit (Cashiers) for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JEFFREY WILSON,
Petitioner,

1:13-CV-3274 (LAP)

-against-

ORDER

ATTORNEY GENERAL OF NEW YORK, et al.,
Respondent.
LORETTA A. PRESKA, United States District Judge:
On July 9, 2013, the Court granted Petitioner’s application to proceed in forma pauperis
(IFP) in this pro se habeas corpus action. By order and judgment dated August 2, 2013, the
Court denied Petitioner’s habeas corpus petition without prejudice. Years after the Court closed
this action, on November 10, 2021, the court received from Petitioner payment of the $5.00
filing fee to bring a habeas corpus action. Six days later, on November 16, 2021, the court
received a letter from Petitioner in which he states that on November 2, 2021, he sent to the court
the $5.00 filing fee, as well as a “declaration of impediment, federal hab [sic] and exhibits to be
received by this court.” (ECF 10.) In his letter, Petitioner inquires as to the status of his “moving
papers.” (Id.)
While the court has received the $5.00 filing fee, it has not received the submissions to
which Petitioner refers in his letter. In light of Petitioner’s pro se status, and because the Court
granted Petitioner IFP status for this action and it appears that Petitioner may be attempting to
file a new petition for a writ of habeas corpus under 28 U.S.C. § 2254 in which he intends to pay
the $5.00 filing fee, the Court directs the Clerk of Court to the return to Petitioner the $5.00
filing fee that he paid in this closed action. The Court has attached to this order a Section 2254
petition form that Petitioner may use to file a new habeas corpus action.

The Court directs the Clerk of Court to mail a copy of this order to Petitioner and note
service on the docket.
SO ORDERED.
Dated:

November 18, 2021
New York, New York
LORETTA A. PRESKA
United States District Judge

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