Pantoja v. USA
| Rafael Pantoja |
| USA |
| 3:2019cv02025 |
| December 30, 2019 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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Filing 7
ORDER. The Court has received the attached letter from Petitioner Rafael Pantoja. In the letter, Mr. Pantoja appears to argue that this Court should consider his Section 2255 motion, even though it was not filed with the Court that sentenced him, because a probation officer in his sentencing district--the Eastern District of New York--was involved in a conspiracy against him. As a general rule, an application for a writ of habeas corpus challenging a federal sentence must be made by way of a 2255 motion in the court which sentenced him. See 28 U.S.C. 2255 (authorizing a prisoner to "move the court which imposed the sentence to vacate, set aside or correct the sentence") (emphasis added). Paragraph (e) of 2255 permits the Court to entertain an application for a writ of habeas corpus under 28 U.S.C. 2241 even if an applicant has not filed a 2255 motion, but only if it appears that a 2255 motion "is inadequate or ineffective to test the legality of his detention." 28 U.S.C. 2255(e); see also Lavi v. U.S., 80 F. Supp. 2d 194, 195 (S.D.N.Y. 2000). Here, Mr. Pantoja has not filed a motion under 2241. But in any case, allegations that a probation officer is biased against the petitioner or participated in a conspiracy against him are insufficient to establish that a 2255 motion in the sentencing court would be "inadequate or ineffective to test the legality of his detention." It is, after all, the Judge, and not a Probation Officer, that decides a 2255 motion. Moreover, even allegations of judicial bias are likely insufficient to render 2255 "inadequate or ineffective," in part because the Petitioner's first recourse would be to move to recuse the sentencing judge or file an affidavit of bias with the sentencing court, and not to file a habeas petition in another district. See id. at 195-96.Mr. Pantoja further requests that the court authorize a subpoena for certain financial records. Because Petitioner's motion has been dismissed, Mr. Pantoja's request is DENIED. Signed by Judge Michael P. Shea on 2/20/2020. (Karpman, Michael)
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| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Johnson, D.) |
| Filing 6 JUDGMENT filed and entered dismissing case.For Appeal Forms please go to the following website: http://www.ctd.uscourts.gov/forms/all-forms/appeals_forms Signed by Clerk on 2/3/20.(Johnson, D.) |
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Filing 5
ORDER. Petitioner has filed a motion to vacate, set aside, or correct sentence under 28 U.S.C. 2255. Such motions must be filed in the district where the petitioner was convicted and sentenced, here the Eastern District of New York. The #1 motion to vacate, set aside, or correct sentence is therefore DENIED without prejudice. The Petitioner may refile the motion in the Eastern District of New York.Signed by Judge Michael P. Shea on 1/30/2020. (Karpman, Michael)
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| Filing 4 NOTICE of Appearance by Amanda S. Oakes on behalf of USA (Oakes, Amanda) |
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Filing 3
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 12/30/2019. (Peterson, M)
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Filing 2
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 12/30/2019. (Peterson, M)
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| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255). by Rafael Pantoja. (Attachments: #1 Envelope) (Peterson, M) |
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| Respondent: USA | |
| Represented By: | John B. Hughes |
| Represented By: | Susan Wines |
| Represented By: | Amanda S. Oakes |
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| Petitioner: Rafael Pantoja | |
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