Rivera v. United States of America
Jesus Rivera |
United States of America |
1:2018cv05252 |
June 8, 2018 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of State |
Kimba M. Wood |
Motions to Vacate Sentence |
28 U.S.C. ยง 2255 |
None |
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Filing 11 ORDER: The Court GRANTS the motion. Because Mr. Barton no longer represents Mr. Rivera, the Court makes the following amendments to its June 17, 2021 Order (ECF No. 124): On June 15, 2021 Rivera submitted a pro se document titled "Relation-Back Amendment Pursuant [to] Fed. R. Civ. P. 15 And 28 U.S.C. § 2255." (ECF No. 123.) No later than July 12, 2021, the Government shall file a response. If Rivera wishes to file a reply, he must do so by August 9, 2021. The Clerk of Court is respectfully directed to mail a copy of this Order to Rivera. SO ORDERED., ( Responses due by 7/12/2021, Replies due by 8/9/2021.) (Signed by Judge Kimba M. Wood on 6/29/2021) (ama) Transmission to Docket Assistant Clerk for processing. |
Filing 8 OPINION AND ORDER: For the foregoing reasons, Rivera's petition under Section 2255 is DENIED. Because Rivera's claims are meritless, and because he has not made a substantial showing of the denial of a constitutional right, the Court denie s a certificate of appealability. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Clerk of Court is respectfully directed to terminate the petitions at ECF Nos. 55-56 and to close civil actions 18-CV-5252 and 18-CV-5996. SO ORDERED. (Signed by Judge Kimba M. Wood on 4/27/2021) (ama) |
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Petitioner: Jesus Rivera | |
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Respondent: United States of America | |
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