Spells v. USA

Spells v. USA

Petitioner:	Ronnie Spells
Respondent:	USA
Case Number:	1:2014cv03774
Filed:	May 6, 2014
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	P. Kevin Castel
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
October 29, 2014	Filing 6 MEMORANDUM AND ORDER: Petitioner Ronnie Spells, proceeding pro se, moves for reconsideration of this Court's July 30, 2014 Memorandum and Order denying as untimely his petition to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. For the following reasons, the motion is denied. Accordingly, Spells cannot avail himself of the actual innocence tolling exception to the one-year limitations period in section 2255(f). For the foregoing reasons, Spell's motion is DENIED. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/24/2014) (ama) Modified on 10/29/2014 (ama).
July 30, 2014	Filing 5 MEMORANDUM AND ORDER re: 1 Motion to Vacate/Set Aside/Correct Sentence (2255), filed by Ronnie Spells: that the petition is DENIED. Petitioner has not made a substantial showing of the denial of a constitutional right and, accordingly, a c ertificate of appealability will not issue. 28 U.S.C. § 2253; see Lozada v. United States, 107 F.3d 1011, 1016-17 (2d Cir. 1997), abrogated on other grounds by United States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997). This 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 in forma pauperis status is denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge P. Kevin Castel on 7/30/2014) (tn)

Date Filed

Document Text

October 29, 2014

Filing 6 MEMORANDUM AND ORDER: Petitioner Ronnie Spells, proceeding pro se, moves for reconsideration of this Court's July 30, 2014 Memorandum and Order denying as untimely his petition to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. For the following reasons, the motion is denied. Accordingly, Spells cannot avail himself of the actual innocence tolling exception to the one-year limitations period in section 2255(f). For the foregoing reasons, Spell's motion is DENIED. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/24/2014) (ama) Modified on 10/29/2014 (ama).

July 30, 2014

Filing 5 MEMORANDUM AND ORDER re: 1 Motion to Vacate/Set Aside/Correct Sentence (2255), filed by Ronnie Spells: that the petition is DENIED. Petitioner has not made a substantial showing of the denial of a constitutional right and, accordingly, a c ertificate of appealability will not issue. 28 U.S.C. § 2253; see Lozada v. United States, 107 F.3d 1011, 1016-17 (2d Cir. 1997), abrogated on other grounds by United States v. Perez, 129 F.3d 255, 259-60 (2d Cir. 1997). This 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 in forma pauperis status is denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge P. Kevin Castel on 7/30/2014) (tn)

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Petitioner: Ronnie Spells
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