Ortiz v. United States of America

Petitioner:	Michael Ortiz
Respondent:	United States of America
Case Number:	1:2012cv05236
Filed:	October 15, 2012
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

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
January 25, 2013	Filing 8 MEMORANDUM AND ORDER, denying 7 Motion for an indefinite Stay and the petition is denied as untimely. The case is dismissed and the Clerk is directed to enter judgment accordingly. Because the petitioner has not made a substantial showing of the d enial of a constitutional right, a Certificate of Appealability will not issue. 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 the purpose of an appeal. (Ordered by Judge Brian M. Cogan on 1/24/2013) c/m with unpublished decisions by chambers. Fwd. for Judgment. (Galeano, Sonia)
November 7, 2012	Filing 3 MEMORANDUM DECISION AND ORDER, It seems unlikely that petitioner has grounds for equitable tolling. His assertion of Frye as a ground for making his petition timely, albeit erroneously, shows that he is aware of limitations problem, yet he has offere d nothing beyond Frye to address it. Nevertheless, because petitioner has not had an opportunity to assert equitable tolling in response to this Court's rejection of Frye as a ground for making his petition timely, petitioner is granted 20 days from the date of this Order to demonstrate whether equitable tolling applies. In the absence of such a submission, the petition will be dismissed as untimely. 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 the purpose of an appeal. (Ordered by Judge Brian M. Cogan on 11/5/2012) c/m by chambers. (Galeano, Sonia)

Date Filed

Document Text

January 25, 2013

Filing 8 MEMORANDUM AND ORDER, denying 7 Motion for an indefinite Stay and the petition is denied as untimely. The case is dismissed and the Clerk is directed to enter judgment accordingly. Because the petitioner has not made a substantial showing of the d enial of a constitutional right, a Certificate of Appealability will not issue. 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 the purpose of an appeal. (Ordered by Judge Brian M. Cogan on 1/24/2013) c/m with unpublished decisions by chambers. Fwd. for Judgment. (Galeano, Sonia)

November 7, 2012

Filing 3 MEMORANDUM DECISION AND ORDER, It seems unlikely that petitioner has grounds for equitable tolling. His assertion of Frye as a ground for making his petition timely, albeit erroneously, shows that he is aware of limitations problem, yet he has offere d nothing beyond Frye to address it. Nevertheless, because petitioner has not had an opportunity to assert equitable tolling in response to this Court's rejection of Frye as a ground for making his petition timely, petitioner is granted 20 days from the date of this Order to demonstrate whether equitable tolling applies. In the absence of such a submission, the petition will be dismissed as untimely. 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 the purpose of an appeal. (Ordered by Judge Brian M. Cogan on 11/5/2012) c/m by chambers. (Galeano, Sonia)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Ortiz v. United States of America
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Respondent: United States of America
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Petitioner: Michael Ortiz
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?