Garavito-Garcia v. United States of America
| Rafael Antonio Garavito-Garcia |
| United States of America |
| 1:2017cv05798 |
| July 28, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Henry B. Pitman |
| Jed S. Rakoff |
| Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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Filing
26
CLERK'S JUDGMENT re: 25 Order Adopting Report and Recommendations. in favor of United States of America against Rafael Antonio Garavito-Garcia. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Or der dated December 16, 2019, the Report and Recommendation is adopted; and the reasons stated therein, the petition is dismissed with prejudice; in addition, because petitioner has not made a substantial showing of the denial of a constitutional righ t, a certificate of appealability will not issue; moreover, the Court certifies that any appeal from this Order would not be taken in good faith, as petitioner's claim lacks any arguable basis in law or fact, and therefore permission to proceed in forma pauperis is also denied. (Signed by Clerk of Court Ruby Krajick on 12/18/2019) (Attachments: # 1 Notice of Right to Appeal)(dt) Transmission to Docket Assistant Clerk for processing.
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Filing
25
ORDER adopting 24 Report and Recommendations: Accordingly, the Court hereby adopts the Report and Recommendation, and, for the reasons therein, dismisses the petition with prejudice. In addition, because petitioner has not made a substantial sho wing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. Moreover, the Court certifies that any appeal from this Order would not be taken in good faith, as petitioner's claim lacks a ny arguable basis in law or fact, and therefore permission to proceed in forma pauperis is also denied. See 28 U.S.C. § 1915(a) (3); see also Seimon v. Emigrant Savs. Bank (In re Seimon), 421 F.3d 167, 169 (2d Cir. 2005). The Clerk to enter judgment. (Signed by Judge Jed S. Rakoff on 12/16/2019) (jwh) Transmission to Orders and Judgments Clerk for processing.
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Filing
23
OPINION & ORDER re: 19 MOTION to Amend/Correct 13 Motion to Vacate/Set Aside/Correct Sentence (2255),. filed by Rafael Antonio Garavito-Garcia. Letter-Motions requesting: (1) appointment of pro bono counsel; (2) a hearing on the Habeas mo tion; (3) trial transcripts and various court documents without charge; and (4) leave to allow representation by a non-attorney are DENIED. The Clerk of Court is respectfully directed to close ECF No. 19 and to mail a copy of this Opinion and Orde r to the address below. Mail to: Rafael Antonio Garavito-Garcia, 71263-054, Federal Medical Center, PMB 4000, Rochester, MN 55903. (Signed by US Magistrate Judge Sarah L Cave on 11/13/19) (yv) Transmission to Docket Assistant Clerk for processing.
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| Defendant: United States of America | |
| Represented By: | Ilan Tuviah Graff |
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| Plaintiff: Rafael Antonio Garavito-Garcia | |
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