Ramirez v. United States of America

Ramirez v. United States of America

Petitioner:	Gustavo Ramirez
Respondent:	United States of America
Case Number:	1:2013cv07331
Filed:	December 18, 2013
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Sterling Johnson
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 1651 Petition for Writ of Habeas Corpus
Jury Demanded By:	None

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Date Filed	Document Text
July 15, 2014	Filing 11 MEMORANDUM AND ORDER, For the foregoing reasons, the petition for a writ of audita querela filed under Docket Number 13-cv-6249 is denied. Petitioner may challenge his sentence by filing a motion pursuant to sec. 2255. Said motion would then be trans ferred to the Court of Appeals for certification as a second or successive petition. 28 USC sec. 2255(h). Docket Number 13-cv-7331 is dismissed as a duplicate. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Ordered by Judge Sterling Johnson, Jr on 7/15/2014) c/m (Galeano, Sonia)

Date Filed

Document Text

July 15, 2014

Filing 11 MEMORANDUM AND ORDER, For the foregoing reasons, the petition for a writ of audita querela filed under Docket Number 13-cv-6249 is denied. Petitioner may challenge his sentence by filing a motion pursuant to sec. 2255. Said motion would then be trans ferred to the Court of Appeals for certification as a second or successive petition. 28 USC sec. 2255(h). Docket Number 13-cv-7331 is dismissed as a duplicate. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Ordered by Judge Sterling Johnson, Jr on 7/15/2014) c/m (Galeano, Sonia)

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Respondent: United States of America
Represented By:	David C Pitluck
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Petitioner: Gustavo Ramirez
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