Ultsch v. United States of America
| Timothy James Ultsch |
| United States of America |
| 7:2019cv10703 |
| November 8, 2019 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 fd |
| None |
Docket Report
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This docket was last retrieved on November 30, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Mailed a copy of #8 Order, to Timothy James Ultsch Reg. No. 80099-008 Federal Correctional Institution P.O. Box 1000 Otisville, NY 10963-1000. (aea) |
Filing 8
ORDER: 1. The Court reserves decision on petitioner's request to proceed IFP. 2. By January 21, 2020, the United States Attorney's Office for the Southern District of New York shall file a letter addressing whether petitioner's motion is properly construed as a second or successive petition under 28 U.S.C. 2255, in which case this Court must transfer the motion to the U.S. Court of Appeals for the Fourth Circuit under 28 U.S.C. 2244(b)(3)(A), or as a petition under Section 2241, in which case this Court may retain jurisdiction. 3. Petitioner may, but is not required to, file a response to the government's submission. Petitioner's deadline to do so is February 20, 2020. The Clerk is instructed to (i) electronically notify the Criminal Division of the United States Attorney's Office for the Southern District of New York that this Order has been issued, and (ii) mail a copy of this Order to petitioner at the address on the docket. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purposes of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 12/19/2019) (mml) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (wb) |
| Magistrate Judge Paul E. Davison is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb) |
| Filing 6 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Timothy James Ultsch.(sc) |
| Mailed copy of Docket Sheet to Timothy James Ultsch, Reg. No. 80099-008,Federal Correctional Institution, P.O. Box 1000, Otisville, NY 10963-1000 on 11/19/2019. (sac) |
| Filing 5 REPLY re: #4 Response. Document filed by Timothy James Ultsch. (Attachments: #1 Letter, #2 Envelope) (sac) |
| Filing 4 RESPONSE re: #2 Petition for Writ of Habeas Corpus. Document filed by United States of America. (sac) |
| Filing 3 DECLARATION of Timothy James Ultsch re: #2 Petition for Writ of Habeas Corpus. Document filed by Timothy James Ultsch. (sac) |
| Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Timothy James Ultsch. (Attachments: #1 Letter, #2 Envelope) (sac) |
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Filing 1
CASE TRANSFERRED IN from the United States District Court - Eastern District of Virginia, Newport News Division; Case Number: 4:12-cr-36 (RAJ). Email with documents numbered 46, 50, 51, and 52 (transfer order) received on 11/19/2019. ORDER: For the foregoing reasons, the Court FINDS that Petitioner's claim for relief falls under the authority of 28 U.S.C. 2241. As such, the Court does not have jurisdiction over Petitioner's Motion. However, the Court FINDS that the transfer of Petitioner's Motion to the Southern District of New York is in the interest of justice. The Court DIRECTS the Clerk to send a copy of this Order to the Petitioner and the United States Attorney. The Court further DIRECTS the Clerk to transfer this matter to the Clerk for the Southern District of New York. (Signed by District Judge Raymond A. Jackson on 11/8/19) (sac)
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| Case Designated ECF. (sac) |
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| Respondent: United States of America | |
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