Klein v. USA
| Eric Klein |
| USA |
| 1:2009cv10048 |
| December 8, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Leonard B. Sand |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
134
OPINION AND ORDER: Accordingly, the Clerk of Court for the Southern District of New York is now ORDERED to: (1) close the motions at Dkts. 127, 130, and 132 as DENIED; and (2) refuse to accept for filing any future submissions from Klein relating to his 2005 criminal judgment or his attorney's performance during the course of the underlying criminal proceedings unless he first obtains leave of the Court. SO ORDERED. Copy Mailed To: (Signed by Judge Paul A. Crotty on 1/24/2019) (jca) Transmission to Office of the Clerk of Court for processing.
|
|
Filing
116
OPINION AND ORDER. Klein fails to demonstrate that sound reasons exist for his failure to discover this case earlier and include it in any of his earlier motions for relief. And he does not show, and never has shown, that he continues to suffer leg al consequences from his conviction that may be remedied by granting of the writ. Accordingly, Klein's request is DENIED. The Court also reiterates the Second Circuit's previous warning to Klein that "the further filing of frivolous and/or vexatious motions or appeals in this Court relating to his 2005 conviction, his attorney's performance during the course of the underlying criminal proceedings, or his § 2255 proceedings, will result in the imposition of sanctions, including leave-to-file sanctions." Klein v. United States, No. 12-4898, Dkt. 60 (2d Cir. Sept. 11, 2013). So Ordered. (Signed by Judge Paul A. Crotty on 2/5/18) Copy mailed by Chambers. (yv)
|
|
Filing
114
OPINION AND ORDER. Currently before this Court is Klein's most recent attempt to relitigate his conviction, which he styles as a motion for an "order to show cause" rather than as a second or successive § 2255 petition. Dkt. No. 113. No Federal Rule of Civil Procedure authorizes such a motion in these circumstances. Rather, because Klein's motion challenges his conviction as being "imposed in violation of the Constitution or laws of the United States," the Court hereby construes it as a second or successive § 2255 petition and TRANSFERS it to the United States Court of Appeals for the Second Circuit for performance of its gatekeeping function. See 28U.S.C. § 2255(a); Whab v. United States, 408 F.3d 116, 118 (2d Cir. 2005) ("[A] 'second or successive' petition for relief under § 2255 may not be filed in a district court, unless the petitioner first obtains the authorization of the court of appeals, certifying that the petition conforms to specified statutory requirements."); Jiminian v. Nash, 245 F.3d 144, 148 (2d Cir. 2001) ([W]hen presented with a [post-conviction motion] raising previously available claims appropriately the subject of a § 2255 motion, district courts should construe the petition as a second or successive § 2255 motion and transfer it to this Court for certification, so long as the prisoner had a prior § 2255 motion dismissed on the merits.") SO ORDERED. (Signed by Judge Paul A. Crotty on 11/21/17) Copies Mailed By Chambers. (yv)
|
|
Filing
104
OPINION AND ORDER re: 102 MOTION for Reconsideration re; 94 Order on Motion for Miscellaneous Relief, Order on Motion for Judgment, Order on Motion to Preclude, Order on Motion for Default Judgment, Order on Motion for Leave to File Document, Ord er on Motion to Strike filed by Eric Klein. For the reasons above, Klein's motion for relief from a final judgment under Rule 60(b) is DENIED. Klein has not made a substantial showing of the denial of a constitutional right; and a certificate o f appealability will not issue. See 28 U.S.c. § 2253; see also Kellogg v. Strack, 269 F.3d 100, 103 (2d Cir. 2001) (holding tbat appeals taken from Rule 60(b) motions seeking relief from a judgment on a habeas petition require a certificate of a ppealability). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438 (1962). The Court calls to Klein's attention the portion dealing with sanctions. See Order at 2, Klein v. United States, No. 12-4898 (2d Cir. Sept. 11, 2013), Dkt. No. 60. (Signed by Judge Paul A. Crotty on 11/8/2013) Copies Mailed By Chambers. (rsh)
|
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 Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Klein v. USA | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Respondent: USA | |
| 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: Eric Klein | |
| 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.
