McLean v. USA
| Lenroy McLean |
| USA |
| 1:2012cv01954 |
| March 15, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Richard J. Sullivan |
| Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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Filing
61
MEMORANDUM OPINION & ORDER re: 59 MOTION to Compel United States of America to TO AFFIRM OR DENY THE EXISTENCE OF ANY WARRANTLESS ELECTRONIC SURVEILLANCE OR USE OF REAL TIME CELL SITE DATA INSIDE MCLEAN'S HOME ETC.. filed by Lenroy McLean, 60 MOTION to Seal. filed by Lenroy McLean, 56 MOTION TO REMOVE STAY. filed by Lenroy McLean, 52 MOTION for Reconsideration re; 5 Memorandum & Opinion. filed by Lenroy McLean. For the foregoing reasons, McLean' s letter request, request for subpoenas, Rule 60(b)(4) motion, motion for compassionate release, motion to compel the government to affirm or deny the use of unlawful surveillance, and request to maintain such motion to compel under seal are DENIE D, and his requests to lift the stay on the Court's consideration of his motion for compassionate release and for a court order granting increased time in the FCI Beaumont law library and communication with counsel are DENIED AS MOOT. In ad dition, because McLean has not "made a substantial showing of the denial of a constitutional right," 28 U.S.C. § 2253(c)(2), the Court will not issue a certificate of appealability with respect to its denial of McLean's Rule 60 motion, see Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). Furthermore, because any appeal of the Court's denial of McLean's Rule 60 motion would "lack[] an arguable basis in law or fact," Tavarez v. Reno, 54 F.3d 109, 110 ( 2d Cir. 1995), the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal from that portion of this Memorandum Opinion and Order would not be taken in good faith and, therefore, McLean may not proceed in forma pauperis with respect to it, see Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully directed to terminate the motions pending at Doc. Nos. 432 and 456 of 08-cr-789-7 and pending at Doc. Nos. 52, 56, 59, and 60 of 12-cv-1954. Beca use McLean is proceeding pro se with respect to some of the motions that the Court has resolved herein, the Clerk of Court is respectfully directed to mail a copy of this Memorandum Opinion and Order to McLean and note that mailing on the public docket. (Signed by Judge Richard J. Sullivan on 4/15/2022) Sitting by Designation. (ate)
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Filing
40
OPINION AND ORDER re: 25 MOTION for Reconsideration filed by Lenroy McLean, 23 MOTION to Produce filed by Lenroy McLean. IT IS HEREBY ORDERED THAT Petitioner's motion is DENIED. The Court declines to issue a certific ate of appealability, finding that Petitioner has not made a substantial showing of a denial of a federal right. Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). Furthermore, the Court finds pursuant to 28 U.S.C. § 1915(a)(3) that any app eal of this order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 445 (1962). Accordingly, Petitioner's request to proceed in.forma pauperis is DENIED. The Clerk of Court is respectfully directed to mail a copy of this order to Petitioner and to terminate the motions pending at docket numbers 23 and 25 in case no. 12-cv-1954 and docket numbers 359 and 362 in case no. 08-cr-789. (Signed by Judge Richard J. Sullivan on 5/8/2018) (mro)
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Filing
5
OPINION AND ORDER re: (2 in 1:12-cv-07362-RJS) MOTION filed by Milton Samuels, (14 in 1:12-cv-07559-RJS) MOTION To Supplement Basis for Relief Under 28:2255 filed by Roberto Sanchez. For the reasons stated above, IT IS HEREBY ORDERED THAT McLean's, Samuels's, and Sanchez's petitions for a writ of habeas corpus are denied. IT IS FURTHER ORDERED THAT Samuels's recusal motion is denied. The Clerk of the Court is respectfully directed to close the motions pen ding at docket numbers 291, 323, 338, and 340 in 08-cr-789 (RJS), docket number 14 in 12-cv-7559 (RJS), and docket number 2 in 12-cv-7362 (RJS). The Clerk of the Court is also respectfully directed to close 12-cv-7559 (RJS), 12-cv-7362 (RJS), and 12-cv-1954 (RJS). (As further set forth in this Opinion and Order.) (Signed by Judge Richard J. Sullivan on 7/13/2016) (mro)
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| Respondent: USA | |
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| Petitioner: Lenroy McLean | |
| Represented By: | Bernard Alan Seidler |
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