Stine v. Saratoga County Sheriff's Office

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
JACOB CHRISTOPHER STINE,
Petitioner,
9:25-CV-1258
(GTS)
SARATOGA COUNTY SHERIFF’S OFFICE,
Respondent.
APPEARANCES: 	OF COUNSEL:
JACOB CHRISTOPHER STINE
Petitioner, pro se
046327
Saratoga County Jail
6010 County Farm Road
Ballston Spa, New York 12020
GLENN T. SUDDABY
United States District Judge
DECISION and ORDER
Petitioner pro se Jacob Stine seeks federal habeas relief pursuant to 28 U.S.C. §
2254. Dkt. No. 1, Petition ("Pet.").1 However, the petition was written by “Zachary Dalton
Matthew for Jacob Christopher Stine.” Pet. at 1; see also id. at 8 (final page of the petition
signed by Zachary Matthew). Matthew is “a personal friend of Jacob Christopher Stine, and
ha[s] known him for at least 10 years.” Id. at 10.2
1 Citations to the petition refer to the pagination generated by CM/ECF, the Court's electronic filing system
2 Matthew specifies that he and petitioner, “[p]rior to incarceration [would] sp[eak] via video call several times per week.”
Pet. at 10. It is unclear where petitioner was residing prior to his custody; however, it appears that Matthew is currently
living in Oregon. See Id. at 11 (envelope listing the return address as belonging to Matthew in Portland, Oregon).
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On September 30, 2025, the Court issued a Decision and Order directing Matthew to
file an affirmation, within thirty (30) days, establishing why the petitioner cannot appear on his
own behalf to prosecute the instant action and why Matthew should be granted next friend
status. Dkt. No. 2, Decision and Order (“September Order), at 3-5. The September Order
made clear that “if Matthew does not file an affirmation within thirty (30) days of the filing date
of th[e September Order], the Court will dismiss the petition without prejudice for lack of
standing[.]” Id. at 5.
The September Order was sent to Matthew and Stine. September Order at 6. While
the correspondence sent to Stine was returned to the Court an Undeliverable, Dkt. No. 3, it
was delivered without issue to Matthew. See Dunn v. Albany Medical College, 445 F. App’x
431, 432 (2s Cir. 2011) (explaining Second Circuit “precedent makes clear . . . that where the
record shows that a properly addressed piece of mail was placed in the care of the Postal
Service, that piece of mail is presumed to have been delivered.”) (citing Hoffenberg v.
Comm’r, 905 F.2d 665, 666 (2d Cir. 1990) & O’Rourke v. United States, 587 F.3d 537, 541
n.4 (2d. Cir. 2009)) (quotation marks omitted).
As of today, no affirmation has been filed. Accordingly, consistent with the Court’s
September Order, the action is dismissed.
WHEREFORE, it is
ORDERED that the Petition, Dkt. No. 1, is DISMISSED WITHOUT PREJUDICE for
lack of standing; and it is further
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ORDERED that the Clerk serve a copy of this Decision and Order upon Matthew in
accordance with the Court's Local Rules of Practice.
Dated: January 26, 2026
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