Thompson v. United States of America
| John Thompson |
| United States of America |
| 1:2016cv03468 |
| May 9, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Kevin Nathaniel Fox |
| Alison J. Nathan |
| Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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Filing
35
ORDER for 21 Report and Recommendations. For the reasons set forth in the Court's January 5, 2018 Memorandum Opinion & Order, the Court adopts Magistrate Judge Fox's Report & Recommendation, Dkt. No. 21, in its entirety. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/5/2018) (mml)
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Filing
34
MEMORANDUM OPINION AND ORDER: re: 24 APPLICATION for the Court to Request Counsel filed by John Thompson, 19 MOTION for Leave to File A SECOND AMENDED SUPPLEMENT TO HIS PETITION FOR HABEAS CORPUS RELIEF UNDER § 2255 filed by John Thomp son, 28 MOTION to Amend/Correct filed by John Thompson. For the foregoing reasons, the Court adopts the Report and Recommendation in its entirety, and DENIES Thompson's petition for a writ of habeas corpus. No evidentiary hearing is neces sary because the files and records of the case conclusively show that he is not entitled to relief. 28 U.S.C. § 2255(b). The Court also denies Thompson's second and third motions for leave to amend, and his motion for the appointment of pro bono counsel. In addition, the Court declines to issue a certificate of appealability. Petitioner has not made a substantial showing of a denial of a federal right, and appellate review is therefore not warranted. See Love v. McCray, 413 F.3d 192, 1 95 (2d Cir. 2005). The Court also finds pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 445 (1962). This Order resolves Dkt. Nos. 19, 24, & 28 in C ase No. 16-CV-3468, and Dkt. Nos. 126 & 148, in Case No. 13-CR-378. The Clerk of Court shall close this case. This Order will be mailed to Petitioner, who appears pro se. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/03/2018) (ama) Modified on 1/5/2018 (ama).
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Filing
26
ORDER: Before the Court are objections filed by pro se Petitioner John Thompson to a March 20, 2017 Memorandum and Order issued by United States Magistrate Judge Kevin Nathaniel Fox denying Thompson's request for leave to amend his mot ion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. Dkt. No. 17 (the "March 20 Order"); as further set forth herein. The Court DENIES Thompson's objections to the March 20 Order. The Court notes, however, that Thompson repeatedly asserts in his submissions that he has never a received a copy of the Government's opposition to his original § 2255 motion. Within 7 days of this Order, the Government shall file a letter with this Court confirming that it has duly served Thompson by mail with a copy of all opposition papers it has submitted in this matter. A copy of this Order will be mailed to Thompson. (Signed by Judge Alison J. Nathan on 6/19/2017) (mro)
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| Respondent: United States of America | |
| Represented By: | Edward Arthur Imperatore |
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| Petitioner: John Thompson | |
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