Qadar v. United States of America
| Manzoor Qadar |
| United States of America |
| 1:2013cv02967 |
| May 7, 2013 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Allyne R. Ross |
| Mandamus & Other |
| 28 U.S.C. ยง 1361 Petition for Writ of Mandamus |
| None |
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Filing
36
ORDER on Motion to Vacate, Set Aside or Correct Sentence (2255): Petitioner's motion to vacate his conviction and sentence under 28 U.S.C. § 2255 is denied. Furthermore, because petitioner has not made a "substantial showing of the d enial of a constitutional right" pursuant to 29 U.S.C. § 2253(c)(3), no Certificate of Appealability will issue. Petitioner may seek such a certificate from the Second Circuit Court of Appeals. The Clerk of Court is directed to enter judgment accordingly. So Ordered by Judge Allyne R. Ross on 8/7/2014. (c/m-chambers) (Lee, Tiffeny)
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Filing
28
OPINION & ORDER: Petitioner's 1 motion to vacate his conviction and sentence under 28 U.S.C. § 2255 is denied as time-barred. Furthermore, because Petitioner has not made a "substantial showing of the denial of a constituti onal right" pursuant to 29 U.S.C. § 2253(c)(3), no Certificate of Appealability will issue. Petitioner may seek such a certificate from the Second Circuit Court of Appeals. The Clerk of Court is directed to enter judgment accordingly. SO ORDERED by Judge Allyne R. Ross, on 7/23/2014. C/mailed by Chambers to pro se Petitioner. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)
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Filing
5
MEMORANDUM AND ORDER. The petition for a writ of audita querela is denied. Petitioner may move to reopen the petition by filing a motion pursuant to § 2255, within 30 days of the dateof this Order. All further proceedings shall b e stayed for 30 days. If petitioner fails to file a§2255 motion within 30 days, judgment denying the writ of audita querela shall enter. The Courtcertifies pursuant to 28 U.S.C. § 1915 (a)(3) that any appeal from this order would not be taken ingood faith and therefore in forma pauperis status is denied for purpose of an appeal. Ordered by Judge Allyne R. Ross on 6/5/2013. C/M by chambers. (Siegfried, Evan)
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| Defendant: United States of America | |
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| Plaintiff: Manzoor Qadar | |
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