Cuevas v. United States of America

Cuevas v. United States of America

Petitioner:	Juan Cuevas
Respondent:	USA
Case Number:	1:2010cv05959
Filed:	August 6, 2010
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	Jed S. Rakoff
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
February 22, 2013	Filing 24 OPINION & ORDER: For the foregoing reasons, Cuevas's petition for a writ of habeas corpus is denied. The Court declines to issue a certificate of appealability. Cuevas has not made a substantial showing of a denial of a federal right, and appel late review is therefore not warranted. See 28 U.S.C. § 2253(c)(2); Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). 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, and therefore in forma pauperis status is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438,445 (1962). The Clerk of Court is directed to terminate the motions pending at docket numbers 5 and 20, and to close this case. (Signed by Judge Paul A. Engelmayer on 2/22/2013) (djc) Modified on 2/22/2013 (djc).
August 17, 2012	Filing 18 REPORT AND RECOMMENDATION. Juan Cuevas, currently an inmate at the Allenwood Federal Correctional Institution in White Deer, Pennsylvania, has brought this petition for a writ of habeas corpus under 28 U.S.C. Section 2255. On October 4, 2002, Cuevas pled guilty to a three-count indictment. He was originally sentenced to 390 months of imprisonment. Following remand by the Second Circuit, his sentence was reduced to 360 months. For the reasons set forth below, his petition should be denied....[See Report And Recommendation]... IV. CONCLUSION: For the foregoing reasons, the petition should be denied. PROCEDURE FOR FILING OBJECTIONS TO THIS REPORT AND RECOMMENDATION: Pursuant to 28 U.S.C. Section 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties have fourteen (14) days including weekends and holidays from service of this Report and Recommendation to serve and file any objections. See also Fed. R. Civ. P. 6(a),(b),(d). Such objections (and any responses to object ions) shall be filed with the Clerk of the Court, with copies sent to the Hon. Paul A. Engelmayer, and to the undersigned, at 500 Pearl Street, New York, New York 10007. Any request for an extension of time to file objections must be directed to Judg e Engelmayer. If a party fails to file timely objections, that party will not be permitted to raise any objections to this Report and Recommendation on appeal. See Thomas v. Arn, 474 U.S. 140 (1985); Wagner & Wagner, LLP v. Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile, P.C., 596 F.3d 84, 92 (2d Cir. 2010). Objections to R&R due by 9/4/2012. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/16/2012); Copies Sent By Chambers to: Juan Cuevas, AUSA Carrie H. Cohen. [* NOTE: Also docketed in related Criminal Case, 98-cr-1053(PAE), see Doc.#237. *] (bw)

Date Filed

Document Text

February 22, 2013

Filing 24 OPINION & ORDER: For the foregoing reasons, Cuevas's petition for a writ of habeas corpus is denied. The Court declines to issue a certificate of appealability. Cuevas has not made a substantial showing of a denial of a federal right, and appel late review is therefore not warranted. See 28 U.S.C. § 2253(c)(2); Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). 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, and therefore in forma pauperis status is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438,445 (1962). The Clerk of Court is directed to terminate the motions pending at docket numbers 5 and 20, and to close this case. (Signed by Judge Paul A. Engelmayer on 2/22/2013) (djc) Modified on 2/22/2013 (djc).

August 17, 2012

Filing 18 REPORT AND RECOMMENDATION. Juan Cuevas, currently an inmate at the Allenwood Federal Correctional Institution in White Deer, Pennsylvania, has brought this petition for a writ of habeas corpus under 28 U.S.C. Section 2255. On October 4, 2002, Cuevas pled guilty to a three-count indictment. He was originally sentenced to 390 months of imprisonment. Following remand by the Second Circuit, his sentence was reduced to 360 months. For the reasons set forth below, his petition should be denied....[See Report And Recommendation]... IV. CONCLUSION: For the foregoing reasons, the petition should be denied. PROCEDURE FOR FILING OBJECTIONS TO THIS REPORT AND RECOMMENDATION: Pursuant to 28 U.S.C. Section 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties have fourteen (14) days including weekends and holidays from service of this Report and Recommendation to serve and file any objections. See also Fed. R. Civ. P. 6(a),(b),(d). Such objections (and any responses to object ions) shall be filed with the Clerk of the Court, with copies sent to the Hon. Paul A. Engelmayer, and to the undersigned, at 500 Pearl Street, New York, New York 10007. Any request for an extension of time to file objections must be directed to Judg e Engelmayer. If a party fails to file timely objections, that party will not be permitted to raise any objections to this Report and Recommendation on appeal. See Thomas v. Arn, 474 U.S. 140 (1985); Wagner & Wagner, LLP v. Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile, P.C., 596 F.3d 84, 92 (2d Cir. 2010). Objections to R&R due by 9/4/2012. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/16/2012); Copies Sent By Chambers to: Juan Cuevas, AUSA Carrie H. Cohen. [*** NOTE: Also docketed in related Criminal Case, 98-cr-1053(PAE), see Doc.#237. ***] (bw)

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