Lowe v. United States of America
| Kevin Lowe |
| United States of America |
| 1:2018cv00898 |
| January 30, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Lorna G. Schofield |
| Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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Filing
40
ORDER: It is hereby ORDERED that Petitioner shall promptly make his FOIA Request with the EOUSA FOIA Office, but in any event no later than January 9, 2020. The EOUSA FOIA Office and the USAO shall continue their efforts to respond to Petitioner&# 039;s pending request. It is further ORDERED that the Government's application to deny Petitioner's motions related to his FOIA request is DENIED without prejudice to renewal upon Petitioner's refiling the request with the proper authorities. It is further ORDERED that no later than January 29, 2020, the Government shall file a letter regarding the status of the responses to Plaintiff's FOIA requests. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Petitioner. (Signed by Judge Lorna G. Schofield on 12/10/2019) (ks)
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Filing
37
ORDER: ORDERED that the motion to proceed in forma pauperis and the motion to be assigned counsel are denied as moot. It is further ORDERED that motion for discovery and the motion for an evidentiary hearing regarding discovery are denied, as Petitio ner has not shown good cause to expand the record. See Fed. R. Governing § 2255 Proc. Rule 6(a); see also id. Rule 7 ("expanding the record"permitted only "[i]f the petition is not dismissed"). It is further ORDERED that Government shall, by December 4, 2019, to the best extent possible,file a letter with the Court describing the status of Lowe's FOIA request. (Signed by Judge Lorna G. Schofield on 11/12/2019) (ama)
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Filing
36
OPINION AND ORDER: OPINION & ORDER re: 3 MOTION for Writ of Mandamus. filed by Kevin Lowe. For the reasons stated above, the Petition is denied. Petitioner has not made a substantial showing of a denial of a federal right and appellate re view is, therefore, not warranted. Tankleff v. Senkowski, 135 F.3d 235, 241 (2d Cir. 1998); Rodriguez v. Scully, 905 F.2d 24, 24 (2d Cir. 1990). Pursuant to 28 U.S.C. § 1915(a)(3), any appeal from this Opinion and Order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 445 (1962). The Clerk of Court is respectfully directed to close this case and to mail a copy of this Opinion and Order to pro se Petitioner. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 11/8/2019) (cf) Transmission to Docket Assistant Clerk for processing.
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| Defendant: United States of America | |
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