Jimenez v. United States of America
| Benjamin Jimenez |
| United States of America |
| 1:2015cv01493 |
| February 24, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Katherine B. Forrest |
| Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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Filing
11
ORDER. On February 24, 2015, Petitioner filed his petition to vacate his sentence pursuant to 28 U.S.C. § 2255. On October 21, 2019, I granted that request and Petitioner was subsequently resentenced. See 13 Cr. 58, ECF Nos. 704, 729. Accordingly, the Clerk shall mark 15 Civ. 1493 closed. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/30/22) (yv)
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Filing
7
CORRECTED OPINION AND ORDER. For the reasons in this Corrected Opinion and Order, Jimenez's motion under 28 U.S.C. § 2255 is DENIED. The Court declines to issue a certificate of appealability because there has been no "substantial show ing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see Matthews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). The Court also finds, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from the denial of this mo tion would not be taken in good faith. See Feliz v. United States, No. 01 Civ 5544 (JFK), 2002 WL 1964347, at *7 (S.D.N.Y. 2002). The Clerk of Court is directed to close the motion at 13-cr-58 ECF No. 521 and to terminate this action. (Signed by Judge Katherine B. Forrest on 7/23/2015) Copies Sent By Chambers. (rjm); [*** NOTE: Also docketed in related Criminal Case 13-Cr-58(KBF), Doc.#553. ***] Modified on 7/24/2015 (bw).
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Filing
5
OPINION & ORDER. For these reasons, Jimenez's motion under 28 U.S.C. § 2255 is DENIED. The Clerk of Court is directed to close the motion at 13-cr-58 ECF No. 521 and to terminate this action. (Signed by Judge Katherine B. Forrest on 6/12/2015) Copies Mailed By Chambers. (lmb) (Main Document 5 replaced on 6/12/2015) (lmb). Modified on 6/12/2015 (lmb).
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| Defendant: United States of America | |
| Represented By: | Rahul Mukhi |
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| Plaintiff: Benjamin Jimenez | |
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