Rivera v. United States of America
Plaintiff: Jesus Rivera
Defendant: United States of America
Case Number: 1:2016cv05238
Filed: July 1, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Kimba M. Wood
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
November 21, 2022 Opinion or Order Filing 22 ORDER: On July 8, 2022, the Court denied Mr. Rivera's motion to amend his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. (ECF No. 21.) Because Mr. Rivera's claims are meritless, and because he has not made a sub stantial showing of the denial of a constitutional right, the Court denies a certificate of appealability as to Mr. Rivera's motion to amend. The Clerk of Court is respectfully directed to mail a copy of this Order to Mr. Rivera. SO ORDERED. (Signed by Judge Kimba M. Wood on 11/21/2022) (ama)
July 8, 2022 Opinion or Order Filing 21 OPINION & ORDER: For the aforementioned reasons, Rivera's motion is DENIED. The Clerk of Court is respectfully directed to terminate the pending motion at ECF No. 123. SO ORDERED. (Signed by Judge Kimba M. Wood on 7/08/2022) (ama)
June 15, 2021 Opinion or Order Filing 17 OPINION AND ORDER: re: (9 in 1:18-cv-05252-KMW) MOTION for Reconsideration re; (8) Memorandum & Opinion filed by Jesus Rivera. For the foregoing reasons, Rivera's Motion is DENIED. Because Rivera's claims are meritless, and because he h as not made a substantial showing of the denial of a constitutional right, the Court denies a certificate of appealability. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000). Nor will the Court authorize the Rivera to pro ceed on appeal in forma pauperis because such an appeal would not be taken in good faith. See 28 U.S.C. § 1915(a)(3). The Clerk of Court is respectfully directed to terminate the Motions at No. 13-CR-424 ECF No. 121 and No. 18-CV-5252 ECF No. 9. SO ORDERED. (Signed by Judge Kimba M. Wood on 6/15/2021) (ama)
February 11, 2020 Opinion or Order Filing 6 ORDER: The Court refers the parties to the civil docket in this matter. Jesus Rivera's supplemental motion to amend his Section 2255 Petition, filed February 9, 2020, is moot. On January 29, 2020, the Court granted Rivera leave to amend his Section 2255 Petition to include the claim that is the subject of the supplemental motion. (ECF No. 5.) (Signed by Judge Kimba M. Wood on 2/11/2020) (ama)
January 29, 2020 Opinion or Order Filing 5 ORDER: Accordingly, Rivera's First and Third Motions to Amend are GRANTED. Rivera's Second Motion to Amend is DENIED. The Government shall respond to the amended petition no later than February 21, 2020. Rivera may file a reply no later than March 13, 2020. SO ORDERED. ( Replies due by 3/13/2020.) (Signed by Judge Kimba M. Wood on 1/29/2020) (va)
March 20, 2019 Opinion or Order Filing 4 OPINION AND ORDER: On June 8, 2019, petitioner Jesus Rivera ("Rivera") filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. (ECF No. 56.) On January 30, 2019, Rivera filed his reply, as well as a motion to amend or correct his § 2255 petition. (ECF Nos. 73, 74.) In his submissions, Rivera raises claims of ineffective assistance of counsel with respect to his counsel at trial, Lee Ginsberg, and his counsel on appeal, Devin McLaughlin. T he Court hereby orders both attorneys to respond, by affidavit, to the allegations of ineffective assistance of counsel by April 30, 2019. If this date presents difficulties, the Court is amenable to enlarging the deadline. Present counsel for Rivera is ordered to serve a copy of this order, as well as a copy of the submissions mentioned above, on Mr. Ginsberg and on Mr. McLaughlin by March 27, 2019. SO ORDERED. (Signed by Judge Kimba M. Wood on 3/20/2019) (ne)
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