Kortbawi v. United States of America
| Kortbawi |
| USA |
| Jason Kortbawi |
| United States of America |
| 1:2016cv04934 |
| June 23, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Kimba M Wood |
| Prisoner: Vacate Sentence |
| 28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
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This docket was last retrieved on February 18, 2021. A more recent docket listing may be available from PACER.
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Filing 33
OPINION & ORDER: For the reasons set forth above, Kortbawi's Petition is DENIED. Because Kortbawi has not made a substantial showing of the denial of a constitutional right, a certificate of appealability shall not issue. See 28 U.S.C. 2253(c)(2). The Clerk of Court is respectfully directed to terminate the Petition at ECF No. 1 and to close civil case number 16-CV-4934. Any pending motions in case number 16-CV-4934 are moot. SO ORDERED. (Signed by Judge Kimba M. Wood on 2/18/2021) (va)
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Case Stay Lifted. (va)
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Filing 32
LETTER addressed to Judge Kimba M. Wood from Carla Sanderson dated January 11, 2021 re: Response in Support of 2255 motion. Document filed by Jason Kortbawi..(Sanderson, Carla)
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Filing 31
LETTER addressed to Judge Kimba M. Wood from Emily A. Johnson dated December 28, 2020 re: Opposition to 2255 Motion. Document filed by United States of America. (Attachments: #1 Exhibit Plea Transcript).(Johnson, Emily)
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Filing 30
LETTER addressed to Judge Kimba M. Wood from Carla Sanderson dated December 4, 2020 re: supplement to Jason Korbawi's motion under 28 U.S.C. 2255 to vacate his 924(c) conviction. Document filed by Jason Kortbawi. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Sanderson, Carla)
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Filing 29
ORDER granting #28 Letter Motion for Extension of Time. Granted. SO ORDERED. Motions due by 12/4/2020. (Signed by Judge Kimba M. Wood on 10/20/2020) (va)
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Set/Reset Deadlines: Responses due by 12/28/2020. Replies due by 1/11/2021. (va)
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Filing 28
LETTER MOTION for Extension of Time addressed to Judge Kimba M. Wood from Carla Sanderson dated October 16, 2020. Document filed by Jason Kortbawi..(Sanderson, Carla)
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Filing 27
MEMO ENDORSEMENT on re: #26 Letter filed by Jason Kortbawi. ENDORSEMENT: Granted. On February 14, 2019, this proceedings was stayed pending the final disposition of United States v. Davis, No. 18-431. Because the Supreme Court issued an Opinion in Davis on June 24, 2019, see united States v. Davis, 139 s. Ct. 2319 (2019), the stay was lifted on that date. The parties' proposed briefing schedule is approved. SO ORDERED. ( Motions due by 11/2/2020. Responses due by 11/23/2020. Replies due by 11/30/2020.) (Signed by Judge Kimba M. Wood on 9/10/2020) (va)
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Filing 26
LETTER addressed to Judge Kimba M. Wood from Carla Sanderson dated September 9, 2020 re: motion schedule. Document filed by Jason Kortbawi..(Sanderson, Carla)
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***DELETED DOCUMENT as per directions from Chambers on 8/31/2020. Deleted document number #26 ENDORSED LETTER. The document was incorrectly filed in this case. (tro)
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Filing 25
MEMO ENDORSEMENT on re: #24 Letter filed by Jason Kortbawi. ENDORSEMENT: Defense counsel shall provide the Court with a further update in writing by September 14, 2020. SO ORDERED. (Signed by Judge Kimba M. Wood on 7/29/2020) (va)
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Filing 24
LETTER addressed to Judge Kimba M. Wood from Carla Sanderson dated June 24, 2020 re: status update. Document filed by Jason Kortbawi..(Sanderson, Carla)
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Filing 23
ORDER granting #22 Letter Motion to Adjourn Conference. In an effort to reduce all parties' risk of exposure to COVID-19, the conference scheduled for Thursday, April 30, 2020, is adjourned sine die. The parties shall update the Court, by letter, by June 25, 2020. SO ORDERED. (Signed by Judge Kimba M. Wood on 4/15/2020) (va)
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Filing 22
LETTER MOTION to Adjourn Conference addressed to Judge Kimba M. Wood from Carla Sanderson dated April 9, 2020. Document filed by Jason Kortbawi..(Sanderson, Carla)
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Filing 21
NOTICE OF APPEARANCE by Carla Marie Sanderson on behalf of Jason Kortbawi..(Sanderson, Carla)
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Filing 20
Minute Entry for proceedings held before Judge Kimba M. Wood: Status Conference held on 3/11/2020. Petitioner Jason Kortbawi is present with his attorney Joseph Grob. CJA attorney on duty, Carla Sanderson, is present. AUSA Emily Johnson is present. Court reporter Khris Sellin is present. Conference is held (see transcript.) The Court relieves Mr. Grob and appoints Carla Sanderson to represent the defendant. The next conference will be held on April 30, 2020, at 11:00 a.m. (Court Reporter Khris Sellin) (Lajoie, Sara)
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Filing 19
SEALED DOCUMENT placed in vault.(mhe)
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Filing 18
ORDER granting #16 Letter Motion to Stay ; granting #17 Letter Motion to Stay. Granted. SO ORDERED. (Signed by Judge Kimba M. Wood on 2/14/2019) (ne)
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Filing 17
LETTER MOTION to Stay re: #16 LETTER MOTION to Stay re: #15 Letter Requesting a continuation of the pending stay addressed to Judge Kimba M. Wood from Joseph A. Grob dated 2/12/2019., #15 Letter Requesting a continuation of the pending stay-Refiled with Exhibit A addressed to Judge Kimba M. Wood from Joseph A. Grob dated 2/12/2019. Document filed by Jason Kortbawi. (Attachments: #1 Exhibit Exhibit A)(Grob, Joseph)
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Filing 16
LETTER MOTION to Stay re: #15 Letter Requesting a continuation of the pending stay addressed to Judge Kimba M. Wood from Joseph A. Grob dated 2/12/2019. Document filed by Jason Kortbawi.(Grob, Joseph)
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Filing 15
LETTER addressed to Judge Kimba M. Wood from Emily A. Johnson dated February 1, 2019 re: Update to the Court on the Status of United States v. Barrett. Document filed by United States of America.(Johnson, Emily)
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Filing 14
MEMO ENDORSEMENT on re: #13 Letter filed by United States of America. ENDORSEMENT: Petitioner has requested a stay of this proceeding pending final disposition of United States v. Barrett, 2d Cir. No. 14-2641, by the Supreme Court. The Government consents to a stay pending the issuance of the mandate in Barrett by the Second Circuit. Accordingly, given the Government's consent, this proceeding is stayed until the Second Circuit issues the mandate in Barrett. The Government is directed to notify the court when the mandate is issued. SO ORDERED. (Signed by Judge Kimba M. Wood on 12/10/2018) (ne)
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Filing 13
LETTER addressed to Judge Kimba M. Wood from Emily A. Johnson dated December 7, 2018 re: Government's Position on Stay of Proceedings. Document filed by United States of America.(Johnson, Emily)
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Filing 12
MEMO ENDORSEMENT on re: #11 LETTER MOTION to Stay re: #9 Letter, #7 Order,, Request to continue the stay in this matter addressed to Judge Kimba M. Wood from Joseph A. Grob dated 10/31/2018. filed by Jason Kortbawi. ENDORSEMENT: By December 7, 2018, the Government is directed to respond to Petitioner's letter, indicating whether it opposes a continued stay of proceedings in this matter pending final resolution of Barrett by the Supreme Court. SO ORDERED. (Signed by Judge Kimba M. Wood on 11/28/2018) (kv)
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Filing 11
LETTER MOTION to Stay re: #9 Letter, #7 Order,, Request to continue the stay in this matter addressed to Judge Kimba M. Wood from Joseph A. Grob dated 10/31/2018. Document filed by Jason Kortbawi.(Grob, Joseph)
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Filing 10
NOTICE OF APPEARANCE by Joseph Aaron Grob on behalf of Jason Kortbawi. (Grob, Joseph)
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Filing 9
LETTER addressed to Judge Kimba M. Wood from AUSA Emily Johnson dated October 29, 2018 re: update to the Court per October 16 Order. Document filed by United States of America.(Johnson, Emily)
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Filing 8
NOTICE OF APPEARANCE by Emily Anne Johnson on behalf of United States of America. (Johnson, Emily)
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Filing 7
ORDER: At the request of the parties, on September 14, 2016, the Court stayed this proceeding pending the final disposition of United States v. Elvin Hill, No. 14-3872, 2016 WL 4120667 (2d Cir. 2016). (ECF No. 6.) The Court is aware that the Second Circuit issued an amended opinion in Hill on May 9, 2018. See United States v. Hill, 890 F.3d 51 (2d Cir. 2018). The Government is ordered to update the Court by October 30, 2018, indicating how it proposes to proceed. SO ORDERED. (Signed by Judge Kimba M. Wood on 10/16/2018) (ne)
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Filing 6
ORDER granting #5 Letter Motion to Stay. Granted. SO ORDERED. (Signed by Judge Kimba M. Wood on 9/14/2016) (kko)
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Filing 5
LETTER MOTION to Stay re: #3 Order to Answer, 28 U.S.C. 2255,,, addressed to Judge Kimba M. Wood from AUSA Amy Lester dated September 12, 2016. Document filed by United States of America.(Lester, Amy)
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Filing 4
NOTICE OF APPEARANCE by United States of America. Responses due by 9/26/2016 (Lester, Amy)
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Habeas Information Mailed: Habeas Information Packet mailed to petitioner at the address noted on the petition/court's docket on 7/12/2016. (sbr)
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Filing 3
ORDER: Petitioner has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2255. In accordance with Rule 4 of the Rules Governing Section 2255 Proceedings in the United States District Courts, the United States Attorney for the Southern District of New York is hereby ordered to serve and file an answer by September 12, 2016. Respondent shall file with its answer the record on appeal, appellate briefs, and relevant trial and post-conviction records and transcripts. Petitioner may serve and file reply papers by September 27, 2016. The Clerk of the Court is directed to serve by certified mail copies of this Order, the petition, and petitioner's memorandum, if any, upon the United States Attorney for the Southern District of New York. SO ORDERED. Notice of Appearance due by 7/25/2016. (Signed by Judge Kimba M. Wood on 7/11/2016) (kl)
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Filing 2
STANDING ORDER IN RE PETITIONS UNDER 28 U.S.C. 2255 AND 2241 IN LIGHT OF JOHNSON V. UNITED STATES (See 16-mc-217 Order Filed June 8, 2016) In light of the United States Supreme Court decision in Johnson v. United States, 135S.Ct. 2551 (2015) and the fact that several hundred petitions will be filed by federal prisoners seeking relief under 28 U.S.C. 2255 and 2241 before the one-year anniversary of the decision on June 27, 2016, this order is issued to facilitate the orderly administrative of justice. As agreed by the United States Attorneys Office and the Federal Defenders of New York (who were appointed to represent eligible prisoners in a previous Standing Order, 15 Misc.373), and in order to afford the effective representation of counsel, to allow the Court of Appeals to clarify the application of Johnson to particular issues so that the District Court may render consistent ruling, and avoid the District Court and the parties from being overwhelmed by the filing of hundreds of habeas petitions on this issue at one time the Federal Defenders of New York and other counsel appointed for Johnson matters under the Criminal Justice Act, will be permitted to file initial petitions under 28 U.S.C. 2255 on or before June 27, 2016, utilizing the Court's form petition as "placeholder" petition. Petitions are to be supplemented on a future date by a brief that more fully sets forth the basis of the requested relief... (Signed by Judge Colleen McMahon on 6/8/2016) (sac)
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Filing 1
MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 1:12-cr-00442-KMW-1.Document filed by Jason Kortbawi.(sac)
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Case Designated ECF. (sac)
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Magistrate Judge Gabriel W. Gorenstein is so designated. (sac)
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