Johnson v. United States of America
| John Johnson |
| United States of America |
| 1:2015cv03956 |
| May 14, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Richard J. Sullivan |
| Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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Filing
31
ORDER denying 30 Letter Motion to Stay re: 30 LETTER MOTION to Stay proceedings on Mr. Johnson's successive petition pending a final resolution of US v. Savoca addressed to Judge Richard J. Sullivan from Jeffrey Pittell dat ed 2.9.23. Because the Second Circuit in Savoca remanded the case to the district court, and any appeal from the district court's decision on remand is, at this point, hypothetical, Johnson's motion to stay is DENIED. Johnson shall reply to the government's opposition to his successive habeas petition by February 24, 2023. (Signed by Judge Richard J. Sullivan on 2/10/2023) Sitting by Designation. (ate)
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Filing
26
ORDER granting 25 Letter Motion to Stay re: 25 LETTER MOTION to Stay addressed to Judge Richard J. Sullivan from AUSA Cecilia Vogel dated October 17, 2022. The Court is in receipt of the parties' letter jointly requesti ng a stay of Defendant John Johnson's successive habeas petition pending the Second Circuit's decision in United States v. Savoca, 20-1502. Because the Court finds that Savoca bears on the disposition of this case, IT IS HEREBY ORDERED THAT Defendant John Johnson's petition is stayed pending the Second Circuit's decision in Savoca. IT IS FURTHER ORDRED THAT the parties shall submit a joint letter addressing the status of Savoca and the continuing need for a stay no later than January 20, 2023, or within 48 hours of the issuance of the decision in Savoca, whichever comes first. (Signed by Judge Richard J. Sullivan on 10/19/2022) Sitting by Designation. (ate)
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Filing
21
ORDER: In light of the Supreme Court's decision in Taylor, IT IS HEREBY ORDERED THAT the stay of Defendants' 28 U.S.C. § 2255 petitions is lifted. IT IS FURTHER ORDERED THAT, by July 26, 2022, the parties shall submit a joint letter proposing next steps and/or a briefing schedule in connection with Defendants' pending 28 U.S.C. § 2255 petitions. (Signed by Judge Richard J. Sullivan on 7/19/2022) Sitting by designation. (ate)
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Filing
18
OPINION AND ORDER: For the reasons set forth above, IT IS HEREBY ORDERED that the Petition is DENIED. In addition, because Petitioner has not "made a substantial showing of the denial of a constitutional right," the Court will not issue a certificate of appealability. See 28 U.S.C. § 2253(c)(2); see also Love v. McCray, 413 F.3d 192, 195 (2d Cir. 2005). Furthermore, because any appeal 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. § l915(a)(3) that any appeal from this Opinion and Order would not be undertaken in good faith, and, therefore, Petitioner may not proceed in forma pauperis. The Clerk is respectfully direct ed to terminate the motions pending at docket numbers 95 and 129 in case No. 11-cr-487, to close case No. 15-cv-3956, and to mail a copy of this Opinion and Order to Petitioner. SO ORDERED. (Signed by Judge Richard J. Sullivan on 9/26/2018) (ne) Transmission to Docket Assistant Clerk for processing.
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| Defendant: United States of America | |
| Represented By: | Nola Breglio Heller |
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| Plaintiff: John Johnson | |
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