Alexeev v. United States of America

Alexeev v. United States of America

Petitioner:	Boris Alexeev
Respondent:	United States of America
Case Number:	1:2010cv03968
Filed:	October 12, 2010
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Dora Lizette Irizarry
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 28, 2015	Filing 22 ORDER denying 19 Motion for Summary Judgment; denying 20 Motion for Reconsideration ; denying 21 Motion for Recusal -- For the reasons set forth in the ATTACHED MEMORANDUM AND ORDER, pro se Petitioner's 3 motions are denied in th eir entirety. Petitioner is further denied a certificate of appealability as he fails to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see Fed. R. App. P. 22(b); Miller-El v. Cockrel l, 537 U.S. 322, 336 (2003); Lucidore v. New York State Div. of Parole, 209 F. 3d 107, 112 (2d Cir. 2000). Furthermore, Petitioner has now filed four meritless motions on this docket after this Court denied his 28 U.S.C. § 2255 motio n, the Second Circuit dismissed his appeal, and this case was closed. As discussed in detail in the Attached Memorandum and Order, Petitioner is hereby admonished that if he continues to file multiple frivolous and baseless motions challenging his p rior federal conviction and sentence, he will face filing injunctions. 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 de nied for purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to mail a copy of this Electronic Order and the Attached Written Memorandum and Order to pro se Petitioner. This case was closed previously by Court order. SO ORDERED by Judge Dora Lizette Irizarry on 7/28/2015. (Irizarry, Dora)
March 27, 2014	Filing 12 ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2255 -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Petitioner's request for relief pursuant to 28 U.S.C. § 2255 is denied in its enti rety. Petitioner is further denied a certificate of appealability as he fails to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see Fed. R. App. P. 22(b); Miller-El v. Cockrell, 5 37 U.S. 322, 336 (2003); Lucidore v. New York State Div. of Parole, 209 F. 3d 107, 112 (2d Cir. 2000). 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, therefor e, in forma pauperis status is denied for purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk of the Court is directed to mail to pro se petitioner a copy of this Electronic Order and the Attached Written Memorandum and Order and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 3/27/2014. (Irizarry, Dora)

Date Filed

Document Text

July 28, 2015

Filing 22 ORDER denying 19 Motion for Summary Judgment; denying 20 Motion for Reconsideration ; denying 21 Motion for Recusal -- For the reasons set forth in the ATTACHED MEMORANDUM AND ORDER, pro se Petitioner's 3 motions are denied in th eir entirety. Petitioner is further denied a certificate of appealability as he fails to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see Fed. R. App. P. 22(b); Miller-El v. Cockrel l, 537 U.S. 322, 336 (2003); Lucidore v. New York State Div. of Parole, 209 F. 3d 107, 112 (2d Cir. 2000). Furthermore, Petitioner has now filed four meritless motions on this docket after this Court denied his 28 U.S.C. § 2255 motio n, the Second Circuit dismissed his appeal, and this case was closed. As discussed in detail in the Attached Memorandum and Order, Petitioner is hereby admonished that if he continues to file multiple frivolous and baseless motions challenging his p rior federal conviction and sentence, he will face filing injunctions. 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 de nied for purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to mail a copy of this Electronic Order and the Attached Written Memorandum and Order to pro se Petitioner. This case was closed previously by Court order. SO ORDERED by Judge Dora Lizette Irizarry on 7/28/2015. (Irizarry, Dora)

March 27, 2014

Filing 12 ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2255 -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Petitioner's request for relief pursuant to 28 U.S.C. § 2255 is denied in its enti rety. Petitioner is further denied a certificate of appealability as he fails to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see Fed. R. App. P. 22(b); Miller-El v. Cockrell, 5 37 U.S. 322, 336 (2003); Lucidore v. New York State Div. of Parole, 209 F. 3d 107, 112 (2d Cir. 2000). 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, therefor e, in forma pauperis status is denied for purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk of the Court is directed to mail to pro se petitioner a copy of this Electronic Order and the Attached Written Memorandum and Order and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 3/27/2014. (Irizarry, Dora)

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Petitioner: Boris Alexeev
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