Bermudez v. United States of America
| Richie Bermudez |
| United States of America |
| 1:2016cv05356 |
| June 30, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Seneca |
| Debra C. Freeman |
| Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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Filing
25
ORDER: For the foregoing reasons, the Court adopts the R&R in its entirety, and Mr. Bermudez's § 2255 motion [dkt. no. 1 in 16-CV-5356; dkt. no 62 in 04-CR-685] is DENIED. Finding that Mr. Bermudez's has not made a substantial showing of a denial of a constitutional right, no certificate of appealability will be granted. See 28 U.S.C. § 2253(c). The Court certifies that any appeal from this Order would not be taken in good faith. See id. § 1915(a)(3); Cop pedge v. United States, 369 U.S. 438, 444 45 (1962). The Clerk of the Court is directed to (1) mark this action closed and all pending motions denied as moot and (2) mail a copy of this order to Mr. Bermudez. SO ORDERED. (Signed by Judge Loretta A. Preska on 12/11/2020) (va) Transmission to Docket Assistant Clerk for processing.
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Filing
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ORDER,Mr. Bermudez shall file his complete objections to the Report and Recommendation (dkt. no. 20) by no later than September 15, 2020. SO ORDERED. Set Deadlines/Hearing as to ( Objections to R&R due by 9/15/2020) (Signed by Judge Loretta A. Preska on 8/17/20) (yv)
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Filing
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ORDER adopting 11 Report and Recommendations: In addition to the motion for default judgment issue discussed above, the Court hereby adopts the following additional recommendation of Magistrate Judge Freeman, to which Petitioner did not specific ally object: Petitioner is directed to inform Magistrate Judge Freeman within fourteen (14) days of this decision whether he wishes to proceed with any claims raised in the motion to vacate that allege that his trial counsel, Roger B. Adler, Esq., pr ovided ineffective assistance of counsel, thereby waiving his attorney client privilege. For the foregoing reasons the Petitioner's motion for default judgement (dkt. no. 6) is denied. The case remains referred to Magistrate Judge Freeman as per the October 24, 2016 referral order. (See Referral Order [dkt. no. 8].) (Signed by Judge Loretta A. Preska on 5/15/2017) (jwh)
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| Defendant: United States of America | |
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| Plaintiff: Richie Bermudez | |
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