Pickett v. United States of America
| Gordon Pickett |
| United States of America |
| 1:2019cv05536 |
| September 26, 2019 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Mandamus & Other |
| 28:1651 |
| None |
Docket Report
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| Electronic Index to Record on Appeal sent to US Court of Appeals. #4 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann) |
| Filing 4 NOTICE OF APPEAL as to #3 Clerk's Judgment and Electronic Order of 10/11/19, by Gordon Pickett. No fee paid. IFP denied for purposes of appeal. A Certificate of Appealability is also denied. Document also reflects 99-cr-1152. (McGee, Mary Ann) |
| Filing 3 JUDGMENT that the petition for a writ of coram nobis is denied; that no certificate of appealability shall issue, 28 U.S.C. 2253(c); and that pursuant to 28 U.S.C. 1915(a), any appeal from this order would not be taken in good faith, Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Signed Douglas C. Palmer, Clerk of Court, by Jalitza Poveda, Deputy Clerk on 10/15/2019. (copy of judgment with appeals packet mailed to: Gordon Pickett, #50695-053, FMC Devens - Federal Medical Center, Satellite Camp, P.O. Box 879, Ayer, MA 01432) (Lee, Tiffeny) |
ORDER: Gordon Pickett, proceeding pro se, petitions for a writ of error coram nobis vacating his September 20, 2000 guilty plea and conviction in United States v. Pickett, No. 99-CR-1152 (E.D.N.Y.). Petitioner's motion #2 for leave to proceed in forma pauperis is GRANTED solely for the purpose of this order. By memorandum and order dated November 1, 2018, this Court denied a substantially similar petition in Pickett v. United States, No. 18-CV-2560. Subsequently, on June 12, 2019, the Court denied Petitioner's motion for reconsideration of that decision, and, on July 22, the Second Circuit dismissed his appeal (No. 18-3459) because it lacked an arguable basis in either law or fact. The instant petition differs from the 2018 petition only in that Petitioner now claims he is actually innocent of the charges to which he pleaded guilty in 2000, and he now raises and ineffective-assistance claim. However, the factual bases for his claims and his delay in asserting them are identical to those set forth in his prior petition. Accordingly, this petition is DENIED as untimely and, in any event, meritless for the same reasons discussed in the Court's November 1, 2018 memorandum and order in Pickett, No. 18-CV-2560. See Foont v. United States, 93 F.3d 76, 80 (2d Cir. 1996) (holding that the "critical inquiry" as to timeliness is whether the petitioner "knew or should have known" earlier of facts underlying his claim for coram nobis relief). The Court certifies pursuant to 28 U.S.C. 1915(a) that any appeal from this order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Because Petitioner has not "made a substantial showing of the denial of a constitutional right," the Court declines to issue a certificate of appealability. 28 U.S.C. 2253(c)(2). The Clerk of Court is respectfully directed to mail a copy of this order to the pro se litigant, enter judgment, and close this case. Ordered by Judge LaShann DeArcy Hall on 10/11/2019. (Valderrama, Freddie) Modified on 10/11/2019 (Valderrama, Freddie).
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Gordon Pickett. (Davis, Kimberly) |
| Filing 1 PETITION for Writ of Error Coram Nobis , filed by Gordon Pickett. (Attachments: #1 Civil Cover Sheet, #2 Certificate of Service) (Davis, Kimberly) . |
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