Tonks v. USA
| George Bing Tonks |
| USA |
| 1:2011cv02687 |
| April 15, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul A Crotty |
| Prisoner: Vacate Sentence |
| 28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
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This docket was last retrieved on April 24, 2013. A more recent docket listing may be available from PACER.
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Filing 15
MANDATE of USCA (Certified Copy) as to #13 Notice of Appeal filed by George Bing Tonks USCA Case Number 12-4791. Appellant, pro se, moves for a certificate of appealability and leave to proceed in forma pauperis. Upon due consideration, it is hereby ORDERED that the motions are DENIED and the appeal is DISMISSED because appellant has not made a substantial showing of the denial of a constitutional right. 28 U.S.C. 2253(c); see also Miller-El v. Cockrell, 537 U.S. 322, 327 (2003). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 4/24/2013. (tp)
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Transmission of USCA Mandate/Order to the District Judge re: #15 USCA Mandate. (tp)
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Request for Copies/Transcripts/Docket Sheet Received: Request for docket sheet from George Bing Tonks received on 12/05/12. Request for Copies/Transcripts/Docket Sheet Mailed: Request for docket sheet from George Bing Tonks mailed on 12/05/12. (vn)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #4 Order to Answer, 3 Screening Memo to Judge, #1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by George Bing Tonks, #7 Reply filed by George Bing Tonks, #9 Memorandum & Opinion, #2 Standing Order - In Forma Pauperis, #13 Notice of Appeal filed by George Bing Tonks, #12 Docket Annotation, #5 Endorsed Letter, Set Deadlines, #8 Pro Se Memorandum to Change Address filed by George Bing Tonks, #10 Clerk's Judgment, #6 Endorsed Letter, Set Deadlines, #11 Pro Se Memorandum to Change Address filed by George Bing Tonks were transmitted to the U.S. Court of Appeals. (tp)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #13 Notice of Appeal. (tp)
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Filing 12
DOCKET ANNOTATION: In light of the letter received on 11/20/12, a copy of the 10/17/12 Opinion and Order was mailed by chambers to: George Bing Tonks Reg# 09650-424 FCI - McKean P.O. Box 8000 Bradford, PA 16701. (mov)
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Filing 14
Appeal Remark as to #13 Notice of Appeal filed by George Bing Tonks. $455.00 APPEAL FEE DUE. IFP REVOKED 10/17/2012. REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL IS ATTACHED TO THE NOTICE OF APPEAL. COA DENIED 10/17/2012. (tp)
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Filing 13
NOTICE OF APPEAL from #9 Memorandum & Opinion, #10 Clerk's Judgment. Document filed by George Bing Tonks. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp)
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Mailed notice of Right to Appeal re: #10 Clerk's Judgment, to Pro Se Litigant(s): George Bing Tonks. (jab)
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Filing 11
PRO SE MEMORANDUM dated 10/23/2012 re: CHANGE OF ADDRESS for George Bing Tonks. New Address: FCI McKean, P.O. Box 8000, Bradford, PA, 16707. (js)
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Filing 10
CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated October 17, 2012, Tonk's Section 2255 petition for relief is denied; the Court finds that because petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue; the Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from the Opinion and Order dated October 17, 2012 would not be taken in good faith; accordingly, the case closed. (Signed by Clerk of Court Ruby Krajick on 10/18/12) (Attachments: #1 NOTICE OF RIGHT TO APPEAL)(ml)
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Transmission to Docket Assistant Clerk. Transmitted re: #10 Clerk's Judgment,, to the Docket Assistant Clerk for case processing. (ml)
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Filing 9
OPINION & ORDER: For the reasons above, Tonks' Section 2255 petition for relief is DENIED. Since Tonks has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C. 2253. 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 Clerk of Court is directed to enter judgment and terminate this case. (Signed by Judge Paul A. Crotty on 10/17/2012) Copies Mailed By Chambers. (djc)
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Transmission to Judgments and Orders Clerk. Transmitted re: #9 Memorandum & Opinion, to the Judgments and Orders Clerk. (djc)
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Filing 8
PRO SE MEMORANDUM dated 6/15/2012 re: CHANGE OF ADDRESS for George Bing Tonks. New Address: 09650-424, FCI-McKean, P.O. Box 8000, Bradford, PA, 16701. (lmb)
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Request for Copies/Transcripts/Docket Sheet Received: Request for Docket Sheet from George Bing Tonks received on May 7, 2012. Request for Copies/Transcripts/Docket Sheet Mailed: Request for Docket Sheet from George Bing Tonks mailed on May 21, 2012. (vn)
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Request for Copies/Transcripts/Docket Sheet Received: Request for Docket Sheet from George Bing Tonks received on May 4, 2012. Request for Copies/Transcripts/Docket Sheet Mailed: Request for Docket Sheet from George Bing Tonks mailed on May 14, 2012. (vn)
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Filing 7
PETITIONER'S REPLY TO GOVERNMENT'S RESPONSE. Document filed by George Bing Tonks. (pl)
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Filing 6
ENDORSED LETTER addressed to Judge Paul A. Crotty from George Tonks dated 9/8/2011 re: Petitioner requests a 30-day extension, until October 30, 2011, to reply to the Government's brief. ENDORSEMENT: SO ORDERED. ( Replies due by 10/30/2011.) (Signed by Judge Paul A. Crotty on 9/13/2011) (djc)
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MEMORANDUM OF LAW in Opposition re: #1 Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by USA. [*** NOTE: Original document filed in related Criminal Case 06-cr-771(PAC), see doc.#99. ***] (bw)
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Filing 5
ENDORSED LETTER addressed to Judge Paul A. Crotty from Shane T. Stansbury dated 6/16/2011 re: The Government writes to request a 60-day extension, until 8/26/2011, to respond to the petitioners 2255 motion. ENDORSEMENT: SO ORDERED. (Responses due by 8/26/2011) (Signed by Judge Paul A. Crotty on 6/16/2011) Copies Mailed By Chambers. (ab)
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Mailed a copy of #4 Order to Answer, #1 Motion to Vacate/Set Aside/Correct Sentence (2255) to United States Attorney's Office SDNY by Certified Mail # 7001 2510 0008 7682 3356 with Return Receipt Requested. (eef)
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Filing 4
ORDER TO ANSWER re: Movant's Motion to vacate his sentence, pursuant to 28 U.S.C. 2255. It is ORDERED that the United States Attorney for the Southern District of New York shall file an answer or other pleadings in response to the Motion, along with transcripts of any relevant proceedings not already contained in the record, within 60 days of the date of this Order. Movant may file reply papers, if any, no later than 30 days thereafter. It is further ORDERED that the Clerk of Court serve copies of this Order, the Motion and all other papers in support thereof, by certified mail upon the United States Attorney for the Southern District of New York. (Signed by Judge Paul A. Crotty on 4/27/2011) The Clerks Office Has Mailed Copies. Copies Mailed by Chambers. (ab)
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Transmission to Docket Assistant Clerk. Transmitted re: #4 Order to Answer, to the Docket Assistant Clerk for case processing. (ab)
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Filing 2
DUPLICATE ORIGINAL STANDING ORDER (IN THE MATTER OF PRO SE PETITIONS FOR WRITS OF HABEAS CORPUS). All pro se petitions for writs of habeas corpus, whether brought under 28 U.S.C. 2241, 2254 or 2255, shall be deemed to include a petition for leave to appear in forma pauperis and the Clerk of Court is directed to file all such petitions as if in forma pauperis status had been granted without prepayment of fees. (See M-10-468 Order Filed January 10, 2000) (Signed by Judge Thomas P. Griesa on 01/10/2000) (bl)
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Case Designated ECF. (laq)
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Filing 1
MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255) NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 06-cr-771 (PAC) Document filed by George Bing Tonks.(jw) (msa).
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