Heatley v. United States of America
| Clarence Heatley |
| United States of America |
| 1:2015cv09534 |
| December 4, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Loretta A. Preska |
| Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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Filing
23
ORDER: The Court has already ordered that it will appoint counsel [dkt. no. 697] to represent Mr. Heatley in connection with his § 2255 petition. Jeffrey G. Pittell is appointed nunc pro tunc to represent Mr. Heatley. SO ORDERED. (Signed by Judge Loretta A. Preska on 12/28/2020) (va)
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Filing
22
ORDER. CJA counsel shall be appointed to represent Mr. Heatley with respect to his Davis-based § 2255 petition. The Clerk of the Court shall send a copy of this order to Mr. Heatley. SO ORDERED. Granting 21 Motion to Appoint Counsel. (Signed by Judge Loretta A. Preska on 12/23/2020) (rjm) Transmission to Docket Assistant Clerk for processing.
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Filing
17
ORDER: The Court is in receipt of Mr. Heatley's supplemental motion to vacate his sentence under 28 U.S.C. § 2255. (Dkt. no. 668 in 96-CR-515.) The Government shall respond to that motion by September 7, and Mr. Heatley may reply by October 7. SO ORDERED. ( Responses due by 9/7/2020. Replies due by 10/7/2020.) (Signed by Judge Loretta A. Preska on 8/7/2020) (va)
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Filing
15
ORDER: The Clerk of Court is directed to mail a copy of this order to Heatley, noting service on the docket. The motion for counsel is denied without prejudice. The Clerk of Court is further directed to docket the motion for counsel (ECF 1) an d this order in the criminal case, No. 96-CR-515-1, and in No. 15-CV-9574. Finally, the Clerk of Court is directed to administratively close this case. Because Heatley has not at this time made a substantial showing of the denial of a constitu tional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis stat us is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Loretta A. Preska on 7/2/2020) (va)
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| Respondent: United States of America | |
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| Petitioner: Clarence Heatley | |
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