Asmodeo v. United States of America
| John Asmodeo |
| United States of America |
| 7:2020cv08330 |
| October 6, 2020 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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Mailed a copy of #3 Order to John Asmodeo, Reg. No. 71950-054 at Federal Correctional Institution, 33 1/2 Pembroke Road, Danbury, CT 06811-3099. (kh)
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Filing 3
ORDER TO AMEND: The Clerk of Court is directed to mail a copy of this order to Asmodeo, noting service on the docket. The Court construes Asmodeo's submission as a motion under 28 U.S.C. 2255. By December 7, 2020, Asmodeo is directed to file an amended 2255 motion setting forth all his grounds for relief and any supporting facts for the grounds raised. An Amended Motion Under 28 U.S.C. 2255 form is attached to this order. If Asmodeo does not respond to this order, the submission will remain designated as a 2255 motion, and the Court will direct the United States Attorney's Office to file an answer or other pleading in response to the motion. No answer shall be required at this time. The Court denies Asmodeo's request for counsel, under 18 U.S.C. 3006A, without prejudice to renewal at a later date. Because Asmodeo has not at this time made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. The Court certifies under 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 purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/8/2020) (mml) Transmission to Docket Assistant Clerk for processing.
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Set/Reset Deadlines: Motions due by 12/7/2020. (mml)
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Filing 1
MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 7:15-cr-00327-VB-1. Document filed by John Asmodeo. (sac)
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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. (sac)
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Case Designated ECF. (sac)
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| Plaintiff: John Asmodeo | |
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| Defendant: United States of America | |
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