Graham v. USA

Graham v. USA

Case Number:	1:2009cv05586
Filed:	December 22, 2009
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Brian M. Cogan
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By:	None

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Date Filed	Document Text
July 8, 2010	Filing 6 MEMORANDUM DECISION AND ORDER, For the reasons that follow, the petition is DENIED and the case is dismissed. The Court certifies pursuant to 28 USC sec. 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 purpose of an appeal. (Ordered by Judge Brian M. Cogan on 7/7/2010) c/m by chambers. Appeals Package sent to Pltff. (Galeano, Sonia)
December 30, 2009	Filing 3 ORDER: Petitioner is hereby notified that the Court finds that the instant motion, notwithstanding its designation, should be construed as a motion under 28 U.S.C. § 2255. This recharacterization means that any subsequent § 2255 motion will be subject to the restrictions on "second or successive" motions. Petitioner may withdraw the petition if she does not wish to pursue relief under § 2255 or she may amend the motion so that it contains all the § 2255 claims she w ants the Court to review. Should petitioner choose to withdraw the petition or amend the petition, she must notify the Court in writing within 30 days. Before petitioner decides to withdraw the instant petition, the Court advises her that any motion under § 2255 must be filed within the one-year statute of limitation period. No answer shall be required at this time and all further proceedings shall be stayed for 21 days from the date of the instant Order. If petitioner fails to notify the Court within 21 days that she wishes to withdraw this petition, it shall be adjudicated as a motion under § 2255. The Clerk of the Court is directed to mail a copy of this Order to plaintiff pro se. SO ORDERED. (Ordered by Judge Brian M. Cogan, on 12/30/2009) C/mailed to Pro Se Plaintiff on 1/5/2010. (Latka-Mucha, Wieslawa)

Date Filed

Document Text

July 8, 2010

Filing 6 MEMORANDUM DECISION AND ORDER, For the reasons that follow, the petition is DENIED and the case is dismissed. The Court certifies pursuant to 28 USC sec. 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 purpose of an appeal. (Ordered by Judge Brian M. Cogan on 7/7/2010) c/m by chambers. Appeals Package sent to Pltff. (Galeano, Sonia)

December 30, 2009

Filing 3 ORDER: Petitioner is hereby notified that the Court finds that the instant motion, notwithstanding its designation, should be construed as a motion under 28 U.S.C. § 2255. This recharacterization means that any subsequent § 2255 motion will be subject to the restrictions on "second or successive" motions. Petitioner may withdraw the petition if she does not wish to pursue relief under § 2255 or she may amend the motion so that it contains all the § 2255 claims she w ants the Court to review. Should petitioner choose to withdraw the petition or amend the petition, she must notify the Court in writing within 30 days. Before petitioner decides to withdraw the instant petition, the Court advises her that any motion under § 2255 must be filed within the one-year statute of limitation period. No answer shall be required at this time and all further proceedings shall be stayed for 21 days from the date of the instant Order. If petitioner fails to notify the Court within 21 days that she wishes to withdraw this petition, it shall be adjudicated as a motion under § 2255. The Clerk of the Court is directed to mail a copy of this Order to plaintiff pro se. SO ORDERED. (Ordered by Judge Brian M. Cogan, on 12/30/2009) C/mailed to Pro Se Plaintiff on 1/5/2010. (Latka-Mucha, Wieslawa)

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