Philippeaux v. United States of America
Plaintiff: Philander Philippeaux
Defendant: United States of America
Case Number: 1:2018cv05974
Filed: June 27, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Robert W. Sweet
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
May 3, 2021 Opinion or Order Filing 69 ORDER: These cases were closed long ago. Mr. Philippeaux's challenges to his conviction and sentence, both on direct review and collaterally, have been finally resolved by the Second Circuit. The Court has repeatedly advised Mr. Philippeaux that his persistent filing of frivolous or meritless documents could result in a filing sanction. Going forward, the Court advises Mr. Philippeaux that it does not intend to respond to further duplicative correspondence. The Clerk of Court is respectfully directed to terminate Dkt. 162 and 163 in 13-CR-277 and to mail a copy of this order to Mr. Philippeaux. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/03/2021) (ama) Transmission to Docket Assistant Clerk for processing.
November 16, 2020 Opinion or Order Filing 66 ORDER denying 63 Motion for Reconsideration re 62 Order on Motion for Miscellaneous Relief, Order on Motion for Reconsideration, Order on Motion for Bond; denying 65 Motion for FOR CLERK'S DEFAULT PURS. TO FED.R.CIV;P. 55(a). On October 19, 2020, Mr. Philippeaux moved to alter or amend the Courts October 14 order pursuant to Fed. R. Civ. P. 59(e), see Dkt. 63 (No. 18-cv-5974), and for reconsideration of that same order in the criminal case, see Dkt. 157 (No. 13-cr-277). The se motions lack merit and are all similarly denied. On November 3 and 4, 2020, Mr. Philippeaux also moved for default judgment in each case with respect to two previously pending motions on the ground that the Government had not opposed them. See Dkt . 65 (18-cv-5974); Dkt. 158 (13-cr-277). These motions also lack merit, seeing as the Court has rejected all of Mr. Philippeaux's previously pending motions, and they are denied. Mr. Philippeaux is again reminded that if he continues to file fri volous or meritless documents, the Court may direct him to show cause why it should not impose a filing sanction. The Clerk of Court is respectfully directed to terminate the motions in No. 13 cr-277 pending at Dkt. 157 and Dkt. 158, and the motions in No. 18-cv-5974 pending at Dkt. 63 and Dkt. 65. The Clerk of Court is further directed to mail a copy of this order to Petitioner. SO ORDERED. (Signed by Judge Ronnie Abrams on 11/16/2020) (kv) Transmission to Docket Assistant Clerk for processing.
October 14, 2020 Opinion or Order Filing 62 ORDER terminating 46 Motion ; terminating 59 Motion for Reconsideration; terminating 60 Motion for Bond. Because Philippeaux's pending motions in both cases lack merit, and because many of them simply rehash arguments that have been previously raised and rejected, the Court denies them all. Philippeaux is reminded that if he continues to file frivolous or meritless documents in these cases, the Court will direct him to show cause why he should not be barred from filing further documents in these actions. The Clerk of Court is respectfully directed to terminate the motions in No. 13-cr-277 pending at Dkts. 147, 150, 153, and 154; terminate the motions in No. 18-cv- 5974 pending at Dkts. 46, 59, and 60; and mail a copy of this Order to Philippeaux. SO ORDERED.. (Signed by Judge Ronnie Abrams on 10/14/2020) (kv)
August 14, 2020 Opinion or Order Filing 53 ORDER terminating 52 EMERGENCY MOTION FOR RELIEF FROM JUDGMENT OR ORDER PURS. TO FED.R.CIV.P. 60(b)(2(3)(4)/ MOTION TO DISMISS FALSIFIED INDICTMENT/ MOTION FOR IMMEDIATE DISCHARGE OF PRISONER. Because Petitioner's Rule 60(b) motion was no t filed within 28 days after the entry of judgment, "the Court does not have jurisdiction under Rule 4(a)(4)(A) of the Federal Rules of Appellate Procedure to grant the requested relief while Plaintiff's appeal is pending." Nunez, 20 18 WL 10038776, at *2; see also Akassy v. N.Y. Daily News, No. 14- CV-1725 (LAP), 2014 WL 12909139, at *1 (S.D.N.Y. Sept. 3, 2014) ("Because Plaintiff's motion under Fed. R. Civ. P. 60(b)... was filed 78 days after the entry of judgment, and a notice of appeal is pending, the Court does not have jurisdiction to rule on Plaintiff's motion.") The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 52 and mail a copy of this Order to Petitioner. (Signed by Judge Ronnie Abrams on 8/14/2020) (rj) Transmission to Docket Assistant Clerk for processing.
June 24, 2020 Opinion or Order Filing 51 ORDER: It has come to the Court's attention, however, that in its prior orders, it inadvertently neglected to rule on whether a certificate of appealability shall issue. See 28 U.S.C. § 2253. Given that a district court may clarify its prior orders "in aid of the appeal," United States v. Viola, 555 F. App'x 57, 60 (2d Cir. 2014), it shall do so now. Because Petitioner makes no substantial showing of a denial of a constitutional right, a certificate of appealabilit y shall not issue as to any of the orders at Dkts. 38, 40, 42, and 44. See 28 U.S.C. § 2253(c)(2); Thaler v. United States, 706 F. Supp. 2d 361, 378-79 (S.D.N.Y. 2009) (a certificate of appealability "is required to appeal from a final o rder in a habeas corpus proceeding," as well as from "Fed R. Civ. P. 60(b) or 59(e) motions where the decision the court is being asked to amend or reconsider is a decision on the merits") (citations omitted). (Signed by Judge Ronnie Abrams on 6/24/2020) (rj)
April 15, 2020 Opinion or Order Filing 44 ORDER denying 43 Motion to Alter Judgment. For the same reasons set forth in the Court's March 20, 2020 and April 8, 2020 Orders, Petitioner Philander Philippeaux's most recent motion to alter or amend the Court's order dated March 9, 2020 pursuant to Federal Rule of Civil Procedure 59(e), Dkt. 43, is denied. Petitioner is advised that his case in this Court under Docket No. 18-cv-5974 is closed. If Petitioner continues to file frivolous or meritless documents in th is case, the Court will direct Petitioner to show cause why he should not be barred from filing further documents in this action. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 43. The Government shall mail a copy of this Order to Petitioner. (Signed by Judge Ronnie Abrams on 4/15/2020) (rro)
March 20, 2020 Opinion or Order Filing 40 ORDER denying 39 Motion for Reconsideration: Accordingly, Plaintiff's motion to alter or amend the Order under Rule 59(e) is denied. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 39 and mail a copy of this Order to Petitioner. (Signed by Judge Ronnie Abrams on 3/20/2020) (jwh) Transmission to Docket Assistant Clerk for processing.
March 9, 2020 Opinion or Order Filing 38 ORDER ADOPTING REPORT AND RECOMMENDATION for 7 Motion for Bond filed by Philander Philippeaux; 10 Motion for Miscellaneous Relief filed by Philander Philippeaux; 23 Motion for Default Judgment filed by Philander Philippeaux; 26 Mot ion for Miscellaneous Relief filed by Philander Philippeaux. For the foregoing reasons, the Court adopts the 28 Report and Recommendation in its entirety. Accordingly, Petitioner's motion pursuant to 28 U.S.C. 2255 to vacate, set aside, o r correct his sentence is denied, as are Petitioner's collateral motions, see No. 18-cv-5974, Dkts. 7, 10, 23, 26; No. 13-cr-277. Dkts. 129, 130, 132, 136, 138. The Clerk of Court is respectfully directed to terminate motions pending at Dkts. 7, 10, 23, and 26 in No. 18-cv-5974; terminate the motions pending at Dkts. 122, 125, 129, 130, 132, 136, and 138 in No. 13-cr-277; mail a copy of this Order to Petitioner; and close this case. (Signed by Judge Ronnie Abrams on 3/9/2020) (va) Transmission to Docket Assistant Clerk for processing.
January 21, 2020 Opinion or Order Filing 30 ORDER: On January 20, 2020, the Court received an email notice that Philander Philippeaux, who is currently incarcerated, sought to add the Chambers email to his contact list for exchanging electronic messages. The request is DENIED. Pursuant to the rules of this Court, Mr. Philippeaux may file any communication with the Court by mailing it to the Pro Se Intake, Thurgood Marshall Courthouse, 40 Foley Square, Room 105, New York, NY 10007. (Signed by Magistrate Judge Sarah Netburn on 1/21/2020) Copies Mailed By Chambers. (ras)
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Defendant: United States of America
Represented By: Katherine Cannella Reilly
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Plaintiff: Philander Philippeaux
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