Scott v. United States of America
Petitioner: Antonio Scott
Respondent: United States of America
Case Number: 1:2016cv05132
Filed: June 27, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Essex
Presiding Judge: Loretta A. Preska
Nature of Suit: Motions to Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255
Jury Demanded By: None
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Date Filed Document Text
June 6, 2023 Opinion or Order Filing 26 MEMORANDUM & ORDER: Mr. Scott's motion to vacate his Section 924(c) conviction is denied. The Clerk of the Court shall mail a copy of this order to Defendant and close the open motions at dkt. nos. 152, 158, 168, and 170. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/06/2023) (ama)
August 19, 2022 Opinion or Order Filing 21 ORDER: The Court denies the Government's request to hold this matter in abeyance pending the proceedings in Savoca. The Court of Appeals has already granted Mr. Scott's motion for leave to file a second or successive Section 2255 petition, which remains binding on this Court. (Dkt. no. 136.) And this Court is bound by the Court of Appeals' recent mandate to conduct further proceedings on Mr. Scott's motion. (Dkt. no. 166.) Moreover, it is the Court's unders tanding based on publicly available BOP records that Mr. Scott is due to be released from prison in June 2023, less than a year from now. Finally, while the Government represented in its August 17 letter than it was to file a response in Savoca by August 29, 2022 (dkt. no. 168), the docket in Savoca indicates that on August 16 the Government filed a motion to extend the time to file its response, which motion was granted by the Court of Appeals on August 17. See Savoca v. United States , No. 20-1502 (2d Cir.) (Dkt. nos. 96, 100.) As a result, the Government's response in Savoca is not due until September 12, 2022. Id. Given the Court of Appeals' still binding decision granting Mr. Scott's motion to file this sec ond or successive 2255 petition, this Court's mandate to consider Mr. Scott's 2255 petition forthwith in light of Taylor, and that Mr. Scott has less than a year of imprisonment remaining, the Government's request for a 60-day abey ance (dkt. no. 168) is denied. Mr. Scott shall file any supplemental submission in support of his 2255 petition within 30 days. The Government shall have thirty days to respond, and Mr. Scott shall have fourteen days to reply. To the extent the re is a need to supplement the record after briefing has concluded due to a change in law that bears on Mr. Scott's petition, the parties may so inform the Court by letter of no more than two pages. SO ORDERED. ( Responses due by 9/12/2022.) (Signed by Judge Loretta A. Preska on 8/18/2022) (va)
August 5, 2022 Opinion or Order Filing 19 ORDER: The Court is in receipt of the Court of Appeals' mandate dated August 4, 2022. (See dkt. no. 166 in 08-cr-360; dkt. no. 18 in 16-cv-5132.) The parties shall confer and inform the Court how they wish to proceed by letter no later than August 19, 2022. SO ORDERED. (Signed by Judge Loretta A. Preska on 8/5/2022) (va)
December 8, 2021 Opinion or Order Filing 14 ORDER denying 8 Motion to Vacate. For the reasons set out above, Defendant's motion to vacate his sentence pursuant to 28 U.S.C. § 2255 (dkt. no. 147) is denied. The Clerk of Court is directed to close the open motion (dkt. no. 147 in 08-cr-360.) The Clerk of the Court is further directed to mail a copy of this order to Mr. Scott. SO ORDERED. (Signed by Judge Loretta A. Preska on 12/2/2021) (va) Transmission to Docket Assistant Clerk for processing.
March 11, 2020 Opinion or Order Filing 6 ORDER granting 5 Letter Motion to Stay. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/10/2020) (va)
March 2, 2020 Opinion or Order Filing 4 ORDER. Counsel shall confer and inform Judge Preska by letter no later than March 9, 2020 of the status of the action/remaining claims/defendants. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/2/2020) (rjm)
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Petitioner: Antonio Scott
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Respondent: United States of America
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