Jordan v. United States of America
Petitioner: Joseph Ray Jordan
Respondent: United States of America
Case Number: 1:2018cv03372
Filed: April 16, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Bronx
Presiding Judge: Denise L. Cote
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 16, 2021 Opinion or Order Filing 44 ORDER: Pursuant to the Second Circuit's Order of November 15, 2021, it is hereby ORDERED that Jordan's March 2, 2021 notice if appeal if construed as a motion for the extension of time to appeal, pursuant to Rule 4(a)(5), Fed. R. App. P. I T IS FURTHER ORDERED that Jordan's Rule 4(a)(5) motion is granted. The deadline to file a notice of appeal of this Court's December 21, 2020 Memorandum Opinion and Order denying his motion for reconsideration is extended, nunc pro tunc, to March 22, 2021. IT IS FURTHER ORDERED that the Clerk of Court shall mail a copy of this Order to Jordan and note mailing on the docket. SO ORDERED. (Signed by Judge Denise L. Cote on 11/16/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
June 4, 2021 Opinion or Order Filing 41 ORDER: It is hereby ORDERED nunc pro tunc that the petitioner has not made a substantial showing of a denial of a federal right and that, to the extent any of the Orders are construed as a denial of a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255, a certificate of appealability shall not be granted. Hoffler v. Bezio, 726 F.3d 144, 154 (2d Cir. 2013); Tankleff v. Senkowski, 135 F.3d 235, 241 (2d Cir. 1998); Rodriquez v. Scully, 905 F.2d 24, 24 (2d Cir. 1990). IT IS F URTHER ORDERED nunc pro tunc that pursuant to 28 U.S.C. § 1915(a) (3), any appeal from the Orders would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 445 (1962). IT IS FURTHER ORDERED that the Clerk of Court shall mail Jordan a copy of this Order and note mailing on the docket. (Signed by Judge Denise L. Cote on 6/4/2021) (rro) Transmission to Docket Assistant Clerk for processing.
May 4, 2021 Opinion or Order Filing 39 ORDER granting 38 Motion re: 38 MOTION FOR REISSUANCE OF NOTICES & ACCESS TO THE DOCKET. On April 12, 2021, Joseph Jordan, proceeding prose, filed a request for free copies of several Orders issued by this Court and for free copies of hi s civil docket sheet. It is hereby ORDERED that Jordan's request for a copy of this Court's December 21, 2020 Order in Dkt. No. 18-cv-3372 is granted. IT IS FURTHER ORDERED that Jordan's other requests are denied. Jordan previously fil ed a request for free copies of his docket sheets on February 19, 2021, and the Court granted the request. Jordan should be advised that requests for copies of his docket sheets made more frequently than once per year are unlikely to be granted.. (Signed by Judge Denise L. Cote on 5/4/2021) (nb) Transmission to Docket Assistant Clerk for processing.
April 6, 2021 Opinion or Order Filing 36 ORDER denying 35 Motion re: 35 MOTION FOR DECLARATION OF DEFAULT, AND DECLARATION THAT THE GOVERNMENT SHOULD RETURN SEIZED PROPERTY(HELD BY THE FBI) TO MOVANT OR HIS AGENT. Jordan's motion for declaration of default is denied. Accord ingly, it is hereby ORDERED that the March 12, 2021 motions are denied. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v.United States, 369 U.S. 438, 44445 (1962). IT IS FURTHER ORDERED that the Clerk of Court shall mail Jordan a copy of this Order and note mailing on the docket. SO ORDERED. (Signed by Judge Denise L. Cote on 4/6/2021) (jca) Transmission to Docket Assistant Clerk for processing.
March 15, 2021 Opinion or Order Filing 34 ORDER: It is hereby ORDERED that the Clerk of Court shall mail Jordan a copy of this Order and note mailing on the docket. SO ORDERED. (Signed by Judge Denise L. Cote on 3/15/2021) (jca) Transmission to Docket Assistant Clerk for processing.
March 1, 2021 Opinion or Order Filing 31 ORDER granting 30 Motion re: 30 MOTION FOR FREE COPY OF DOCKET SHEET; RENEWED MOTION FOR APPOINTMENT OF COUNSEL; NOTICE OF OBJECTIONS REGARDING SECT. 2255 PROCEEDINGS; NOTICE OF & MOTION TO CORRECT MISFILING & TO PROCEED UNDER RULE 60(b) IN SEC. 2255 CASE. On February 19, 2021, Joseph Jordan, proceeding pro se, filed a request for a free copy of his civil docket sheet. Accordingly, it is hereby ORDERED that the Clerk of Court shall mail a copy of docket sheet in 18-cv-3372 along with this Order to Joseph Jordan and note mailing on the docket. Jordan should note that any future requests for a free copy of the docket are subject to review of the Court and may not be granted. SO ORDERED.. (Signed by Judge Denise L. Cote on 3/1/2021) (jca)
February 23, 2021 Opinion or Order Filing 29 ORDER denying 28 Motion re: 28 MOTION TO CORRECT MISFILING, AND MOTION TO PROCEED UNDER RULE 60(b) IN SEC. 2255 CASE. Accordingly, it is hereby ORDERED that the motions, docketed on February 2, 2021 in 08-cr-124 and on February 23, 2021 in 18-cv-3372, are denied. IT IS FURTHER ORDERED that the Clerk of Court shall mail Jordan a copy of this Order and note mailing on the docket. SO ORDERED. (Signed by Judge Denise L. Cote on 2/23/2021) (jca) Transmission to Docket Assistant Clerk for processing.
December 21, 2020 Opinion or Order Filing 27 MEMORANDUM OPINION AND ORDER: Jordan's August 4, 2020 petition, which he characterizes as a Rule 60(b) motion, is denied. Because Jordan has not made a substantial showing of a denial of a federal right, a certificate of appealability will not issue. Hoffler v. Bezio, 726 F.3d 144, 154 (2d Cir. 2013); 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 Order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 444 (1962). (Signed by Judge Denise L. Cote on 12/21/2020) Copies Mailed By Chambers. (jca)
August 30, 2019 Opinion or Order Filing 16 OPINION AND ORDER....The Court has considered each of the arguments made by Jordan regarding the performance of his trial counsel and finds no basis for concluding that this petition should be granted on the ground that they provided him with ineffec tive assistance. The request for a hearing is also denied.Because Jordan has not made a substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253(c); Matthews v. United State s, 682 F.3d 180, 185 (2d Cir. 2012); Tankleff v. Senkowski, 135 F.3d 235, 241 (2d Cir. 1998); Rodriquez v. Scully, 905 F.2d 24, 24 (2d Cir. 1990). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Opinion and Or der would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). The Clerk of Court is hereby directed to close this case. (Signed by Judge Denise L. Cote on 8/30/2019) Copy Mailed By Chambers to Joseph Ray Jordan, 60818-054, FCI - Butner 1, PO Box 1000, Butner, NC 27509. (gr)
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Respondent: United States of America
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Petitioner: Joseph Ray Jordan
Represented By: Michael Keith Bachrach
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