Zourdos v. USA
| Helen Zourdos |
| USA |
| 3:2023cv01147 |
| August 28, 2023 |
| US District Court for the District of Connecticut |
| Jeffrey A Meyer |
| Robert A Richardson |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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This docket was last retrieved on September 7, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Docket Entry Correction re #6 Application for Writ - Petition to be refiled a new case by the Clerk of Court. (Chartier, A) |
| Filing 6 ENTERED IN ERROR: APPLICATION for Writ of 2241 by Helen Zourdos. (Silverstein, Richard) Modified on 9/7/2023 to add Entered in Error (Chartier, A). |
Filing 5
ORDER OF DISMISSAL. The Court DENIES the petition for writ of audita querela. Petitioner states that she was sentenced to a term of imprisonment in the Northern District of New York (USA v. Zourdos, 5:20cr298-DNH) and that she is due to commence the sentence at FCI Danbury on September 15, 2023. She states that [n]umerous motions to modify the terms of incarceration from prison to home confinement were heard and subsequently denied, ending the line of appellate attacks available to the defendant in said jurisdiction. But it does not appear that the petitioner has sought relief by way of an appeal and motion to stay surrender in the Second Circuit. The Second Circuit has ruled that the writ is unavailable if a defendant could have sought relief through a direct appeal. United States v. Daugerdas, No. 21-605, 2022 WL 274226, at *1 (2d Cir. Jan. 31, 2022). Moreover, a district court in Connecticut does not have authority to review the judgment of a district court in the Northern District of New York, and it is clear that this is what petitioner asks this Court to do. Moreover, despite petitioners complaint that she should have received a sentence of home confinement rather than imprisonment, this complaint does not establish a colorable claim of a constitutional violation as required for the grant of a writ of audita querela. See United States v. Richter, 510 F.3d 103, 104 (2d Cir. 2007 (per curiam). The Clerk of Court shall close this case. It is so ordered. Signed by Judge Jeffrey A. Meyer on 8/30/2023.(Lewis, D)
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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 (Lewis, D) |
| Filing fee received from Richard P. Silverstein: $ 5.00, receipt number 27424 (Chartier, A) Modified on 9/1/2023 to add receipt number(Barry, L). |
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 8/28/23.(Pesta, J.)
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Filing 3
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 8/28/23.(Pesta, J.)
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Filing 2
ORDER: We received your Application for Writ of Audita Querela which has been assigned case number 3:23-cv-1147. In order to proceed, the filing fee or a Motion for Leave to Proceed In Forma Pauperis must be submitted to the Court by 9/27/23 or the case will be subject to dismissal. Fee information and the Motion for Leave to Proceed In Forma Pauperis form may be found on the Court's website at ctd.uscourts.gov. Dismissal due by 9/27/2023 Signed by Clerk on 8/28/23.(Pesta, J.)
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| Filing 1 PETITION for Writ of Audita Querela, filed by Helen Zourdos.(Pesta, J.) |
| Judge Jeffrey A. Meyer and Judge Robert A. Richardson added. (Nuzzi, Tiffany) |
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| Petitioner: Helen Zourdos | |
| Represented By: | Richard Peter Silverstein |
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| Respondent: USA | |
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