Sealed Defendant 1 v. USA

Sealed Defendant 1 v. USA

Petitioner:	Jairo Gabriel Montoya Hernandez
Respondent:	USA
Case Number:	1:2011cv04955
Filed:	June 28, 2011
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Henry B. Pitman
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
August 5, 2014	Filing 20 ORDER re: 15 Report and Recommendations. On April 28, 2014, the Honorable Henry Pitman, United States Magistrate Judge, issued a Report and Recommendation in the above-captioned matter recommending that the Court deny the petitioner's 2255 m otion to vacate, set aside or correct the sentence imposed in his criminal case. Nonetheless, the Court has reviewed the petitioner's objections and the underlying record de novo. Having done so, the Court finds itself in complete agreement wi th Magistrate Judge Pitman's Report and Recommendation and hereby adopts its reasoning by reference. For the reasons stated in the Report, the Court hereby denies the petition, with prejudice. Clerk to enter judgment. (Signed by Judge Jed S. Rakoff on 8/4/2014) (kgo); [* NOTE: Also docketed in related Criminal Case 07-CR-197(JSR), see Doc.#79. *] Modified on 8/5/2014 (bw).
April 28, 2014	Filing 15 REPORT AND RECOMMENDATION re: 2 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Jairo Gabriel Montoya Hernandez. Accordingly, for all the foregoing reasons, I respectfully recommend that petitioner's motion be denied in all res pects. In addition, because petitioner has not made a substantial showing of the denial of a constitutional right, I also recommend that a certificate of appealability not be issued. 28 U.S.C. § 2253... For the reasons set forth above, I concl ude that there would be no difference of opinion among reasonable jurists that petitioner's federal rights were not violated. I further recommend that certification pursuant to 28 U.S.C. § 1915(a)(3) not be issued because any appeal from this Report and Recommendation, or any Order entered thereon, would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 445 (1962). Objections to R&R due by 5/15/2014. (Signed by Magistrate Judge Henry B. Pitman on 4/28/2014) Copies Sent By Chambers. (ja)

Date Filed

Document Text

August 5, 2014

Filing 20 ORDER re: 15 Report and Recommendations. On April 28, 2014, the Honorable Henry Pitman, United States Magistrate Judge, issued a Report and Recommendation in the above-captioned matter recommending that the Court deny the petitioner's 2255 m otion to vacate, set aside or correct the sentence imposed in his criminal case. Nonetheless, the Court has reviewed the petitioner's objections and the underlying record de novo. Having done so, the Court finds itself in complete agreement wi th Magistrate Judge Pitman's Report and Recommendation and hereby adopts its reasoning by reference. For the reasons stated in the Report, the Court hereby denies the petition, with prejudice. Clerk to enter judgment. (Signed by Judge Jed S. Rakoff on 8/4/2014) (kgo); [*** NOTE: Also docketed in related Criminal Case 07-CR-197(JSR), see Doc.#79. ***] Modified on 8/5/2014 (bw).

April 28, 2014

Filing 15 REPORT AND RECOMMENDATION re: 2 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Jairo Gabriel Montoya Hernandez. Accordingly, for all the foregoing reasons, I respectfully recommend that petitioner's motion be denied in all res pects. In addition, because petitioner has not made a substantial showing of the denial of a constitutional right, I also recommend that a certificate of appealability not be issued. 28 U.S.C. § 2253... For the reasons set forth above, I concl ude that there would be no difference of opinion among reasonable jurists that petitioner's federal rights were not violated. I further recommend that certification pursuant to 28 U.S.C. § 1915(a)(3) not be issued because any appeal from this Report and Recommendation, or any Order entered thereon, would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 445 (1962). Objections to R&R due by 5/15/2014. (Signed by Magistrate Judge Henry B. Pitman on 4/28/2014) Copies Sent By Chambers. (ja)

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Petitioner: Jairo Gabriel Montoya Hernandez
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