Knapp v. Chenango County Jail, No. 9:2022cv01106 - Document 9 (N.D.N.Y 2023)

Court Description: DECISION AND ORDER that the remaining claims are WITHDRAWN and the action is DISMISSED WITHOUT PREJUDICE.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)
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Knapp v. Chenango County Jail Doc. 9 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. ยง 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 WHEREFORE, it is ORDERED that the remaining claims are WITHDRAWN and the action is DISMISSED WITHOUT PREJUDICE; and it is further ORDERED that the Clerk serve copies of this Decision and Order upon petitioner in accordance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
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