Bozzuto v. United States of America

Bozzuto v. United States of America

Plaintiff:	James Bozzuto
Defendant:	United States of America
Case Number:	1:2016cv07149
Filed:	September 12, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Andrew L. Carter
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
October 13, 2020	Filing 10 ORDER: The Court hereby concludes that Mr. Bozzuto's claim is moot in light of his release from prison and the remote and speculative nature of any early termination of supervised release. United States v. Williams, 475 F.3d 468, 479 (2d Cir. 2007); see also United States v. Blackburn, 461 F.3d 259, 262 (2d Cir. 2006). This matter is therefore DISMISSED. The Clerk of Court is respectfully directed to close this case. The United States is ORDERED to serve this Order on Mr. Bozzuto and file proof of service by October 27, 2020. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 10/13/2020) (js)
September 17, 2020	Filing 8 ORDER re: 7 Order to Show Cause. On August 19, 2020, the Court issued an Order to Show Cause why Mr. Bozzuto should not be deemed to have waived his right of reply to the Government's opposition to his motion and why the Court should not dismiss this claim as moot in light of Mr. Bozzuto's release from prison on October 19, 2018. ECF No. 7. Defendant is ORDERED to file proof of service of that August 19, 2020 Order, and Defendant's opposition, on Mr. Bozzuto by Sept ember 22, 2020. In the event Defendant has not yet served the order, as opposed to simply not having filed proof of service, the Parties' time to file written responses to the August 19, 2020 Order will be extended to October 8, 2020. The Court respectfully directs the Clerk of Court to docket this Order in the related criminal matter, Case No. 1:16-cv-07149-ALC. SO ORDERED. ( Show Cause Response due by 10/8/2020.) (Signed by Judge Andrew L. Carter, Jr on 9/17/2020) (va)

Date Filed

Document Text

October 13, 2020

Filing 10 ORDER: The Court hereby concludes that Mr. Bozzuto's claim is moot in light of his release from prison and the remote and speculative nature of any early termination of supervised release. United States v. Williams, 475 F.3d 468, 479 (2d Cir. 2007); see also United States v. Blackburn, 461 F.3d 259, 262 (2d Cir. 2006). This matter is therefore DISMISSED. The Clerk of Court is respectfully directed to close this case. The United States is ORDERED to serve this Order on Mr. Bozzuto and file proof of service by October 27, 2020. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 10/13/2020) (js)

September 17, 2020

Filing 8 ORDER re: 7 Order to Show Cause. On August 19, 2020, the Court issued an Order to Show Cause why Mr. Bozzuto should not be deemed to have waived his right of reply to the Government's opposition to his motion and why the Court should not dismiss this claim as moot in light of Mr. Bozzuto's release from prison on October 19, 2018. ECF No. 7. Defendant is ORDERED to file proof of service of that August 19, 2020 Order, and Defendant's opposition, on Mr. Bozzuto by Sept ember 22, 2020. In the event Defendant has not yet served the order, as opposed to simply not having filed proof of service, the Parties' time to file written responses to the August 19, 2020 Order will be extended to October 8, 2020. The Court respectfully directs the Clerk of Court to docket this Order in the related criminal matter, Case No. 1:16-cv-07149-ALC. SO ORDERED. ( Show Cause Response due by 10/8/2020.) (Signed by Judge Andrew L. Carter, Jr on 9/17/2020) (va)

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