Posr v. Rushing
| Posr A. Posr |
| Warden R. Rushing |
| 1:2011cv01121 |
| March 7, 2011 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Carol Bagley Amon |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
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Filing
28
MEMORANDUM AND ORDER: Accordingly, the Clerk of Court is directed to terminate docket entry 27 in the case docketed as 11-CV-1121, and docket entry 11 in the case docketed as 14-CV-2221. To the extent Geronimo seeks to file papers related to his appeal, he is advised that he must do so with the Court of Appeals for the Second Circuit, not the District Court for the Eastern District of New York, and must use the Second Circuit docket numbers related to his case (14-3960, 14-3972). Ordered by Chief Judge Carol Bagley Amon on 11/24/2014. c/m to pro se Petitioner (Fernandez, Erica)
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Filing
24
ORDER on Motion to Vacate, Set Aside or Correct Sentence (2255). For the foregoing reasons, the Court converts Geronimo's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 to a second § 2255 petition and, because his initial § 2255 petition was pending at the time the second petition was filed, construes it as a motion to amend his initial § 2255 petition. Further, the Court denies his petitions to vacate his conviction pursuant to 28 U.S.C. § 2255. Because Geronimo has failed to make a "substantial showing of the denial of a constitutional right," a Certificate of Appealability shall not issue. 28 U.S.C. § 2253. So Ordered by Chief Judge Carol Bagley Amon on 9/17/2014. (c/m to pro se with appeals packet) (Lee, Tiffeny)
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Filing
3
MEMORANDUM & ORDER: On 3/7/2011, the Court received this 1 Petition for a Writ of Habeas Corpus, 28 U.S.C. § 2255, which was filed by Posr A. Posr who purports to be litigating on behalf of Esteban Geronimo as his "next friend.&quo t; The Court finds that Posr does not have standing to file this motion on Geronimo's behalf. In order to proceed, Geronimo may file an amended motion to vacate, under this docket number and signed by him, within 30 days of the date of this Orde r. All proceedings shall be stayed for 30 days. If Geronimo fails to file within the time allowed, the motion shall be dismissed and judgment shall enter. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. SO ORDERED. (Ordered by Judge Carol B. Amon, on 3/29/2011) C/mailed. (Latka-Mucha, Wieslawa)
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| Respondent: Warden R. Rushing | |
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