Boone v. United States of America
| Henry Lucifer Boone |
| United States of America |
| 1:2013cv08603 |
| November 27, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Robert P. Patterson |
| Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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Filing
21
MEMORANDUM OPINION AND ORDER re: (139 FIRST LETTER MOTION in case 1:02-cr-01185; 141 FIRST LETTER MOTION in case 1:02-cr-01185). Boone's motion is DENIED, but he is granted both a certificate of appealability and leave to appeal in forma pauperis. See 28 U.S.C. §§ 1915(a), 2253. The Clerk of Court is directed to terminate Docket Nos. 139 and 141, and as further set forth herein. (Signed by Judge Jesse M. Furman on 9/19/2017) (ras)
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Filing
20
MEMORANDUM OPINION AND ORDER: For the foregoing reasons, the Court is inclined to deny Petitioner's motion (without reaching the Government's alternative arguments that the motion is untimely and procedurally barred). That said, t he Court is agnostic about whether it is better to deny the motion and permit an immediate appeal (assuming that Petitioner would even be entitled to a certificate of appealability under Title 28, United States Code, Section 2253, insofar as 2010 Johnson did not decide an issue of "constitutional" law) or to stay the case pending a decision by the Second Circuit in Jones (in which case, this Court could immediately act on any change in the law without the need to await a remand from the Second Circuit). No later than February 10, 2017, the parties shall submit letter briefs advising the Court of their views on that question and the question of whether the Court should grant a certificate of appealability in the event that it denies the motion now. (As further set forth in this Memorandum Opinion and Order.) (Signed by Judge Jesse M. Furman on 1/30/2017) (mro)
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Filing
18
MEMORANDUM OPINION AND ORDER: For the foregoing reasons, the Petition is DENIED and DISMISSED. As Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. & #167; 2253; see also Lozada v. United States, 107 F.3d 1011, 1015-16 (2d Cir. 1997), abrogated on other grounds by United States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997). Moreover, this Court certifies pursuant to Title 28, United States Code , Section 1915(a)(3) that any appeal from this Order would not be taken in good faith, so in forma pauperis status is thus denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to terminate No. 02-CR-1185, Docket No. 115, to close No. 13-CV-08603, and to mail a copy of this Memorandum Opinion and Order to Petitioner. (Signed by Judge Jesse M. Furman on 9/1/2015) (tn) Modified on 9/1/2015 (tn). (Main Document 18 replaced on 9/1/2015) (tn).
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| Plaintiff: Henry Lucifer Boone | |
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| Defendant: United States of America | |
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