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17-548 - Shepherd v. Annucci


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17-548 - Shepherd v. Annucci
July 17, 2017
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DECISION AND ORDER: ORDERED, that Petitioner must submit a written response to this Order by August 21, 2017, either (1) consenting to the recharacterization of his Petition as a complaint under 42 U.S.C. § 1983, or (2) demonstrating why he properly filed the present action as a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 and, therefore, why the Court should not recharacterize it as a complaint under § 1983. Petitioners failure to timely respond to this Order will result in the recharacterization of this Petition as a § 1983 civil rights complaint. ORDERED, that if Petitioner consents to the recharacterization or does not file a response to this order by August 21, 2017, demonstrating why the Petition should not be recharacterized as a complaint under § 1983, he shall submit an amended compliant under 42 U.S.C. § 1983 by August 21, 2017. Signed by Senior Judge Lawrence E. Kahn on 7/17/17. ( Case Review Deadline 8/21/2017) (served on petitioner by regular mail)(alh, )
March 22, 2018
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ORDER: ORDERED, that, due to Petitioner's failure to comply with the Court's July 2017 Order (Dkt. No. 7) and January 2018 Order (Dkt. No. 8), the Petition (Dkt. No. 1) is DISMISSED. ORDERED, that no certificate of appealability ("Con petitioner by regular mail)(alh, )OA") shall issue in this case because Petitioner has failed to make a "substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. § 2253(c)(2). Signed by Senior Judge Lawrence E. Kahn on 3/22/18. (served
March 22, 2018
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JUDGMENT entered in accordance with the DECISION and ORDER of the Honorable Lawrence E. Kahn, U. S. District Judge, dated March 22, 2018. (served on petitioner by regular mail) (alh, )