Massa v. United States of America
| Americo Massa |
| United States of America |
| 1:2018cv06469 |
| July 16, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Henry B Pitman |
| Jed S Rakoff |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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| Filing 7 DECLARATION of Americo Massa; re: #4 Order Directing Original Signature. Document filed by Americo Massa. (sc) |
Filing 6
HABEAS INFORMATION PACKAGE MAILED to Americo Massa 50369-054 Federal Medical Center Devens P.O. Box 879 Ayer, MA 01432, at, on 7/30/2018 Re: #5 Order to Answer. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (nb)
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Filing 5
ORDER TO ANSWER, 28 U.S.C. 2255: The Court, having concluded that the motion brought under 28 U.S.C. 2255 should not be summarily dismissed as being without merit, hereby ORDERS that: The Clerk of Court shall electronically notify the Criminal Division of the U.S. Attorney's Office for the Southern District of New York that this order has been issued. Within sixty days of the date of this order, the U.S. Attorney's Office shall file an answer or other pleadings in response to the motion. Movant shall have thirty days from the date on which Movant is served with Respondent's answer to file a response. Absent further order, the motion will be considered fully submitted as of that date. All further papers filed or submitted for filing must include the criminal docket number and will be docketed in the criminal case. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 7/27/2018) (ne)
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Filing 4
ORDER DIRECTING ORIGINAL SIGNATURE: Movant America Massa brings this pro se motion under 28 U.S.C. 2255, but he failed to sign it. Rule 11(a) of the Federal Rules of Civil Procedure provides that "[e]very pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name - or by a party personally if the party is unrepresented." Fed. R. Civ. P. 11 (a); see also Local Civil Rule 11.l(a). The Supreme Court has interpreted Rule ll(a) to require "as it did in John Hancock's day, a name handwritten (or a mark handplaced)." Becker v. Montgomery, 532 U.S. 757, 764 (2001). Because Movant failed to sign the motion, the Court directs that Movant sign a declaration indicating that he has read the motion and return the declaration to the Court within thirty days of the date of this order. The Clerk of Court is directed to mail a copy of this order to Movant and note service on the docket. No answer shall be required at this time. If Movant fails to comply with this order within the time allowed, the motion will be denied without prejudice. 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 in forma pauperis status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). Signature Page due by 8/27/2018. (Signed by Magistrate Judge Henry B. Pitman on 7/27/2018) (ne)
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| Transmission to Docket Assistant Clerk. Transmitted re: #4 Order Directing Original Signature to the Docket Assistant Clerk for case processing. (ne) |
| Mailed a copy of #4 Order Directing Original Signature, to Americo Massa 50369-054 Federal Medical Center Devens P.O. Box 879 Ayer, MA 01432. (Buonantony, David) |
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Filing 2
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Habeas Corpus. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Jed S. Rakoff on 7/19/2018) (jwh)
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| CASE ACCEPTED AS RELATED. Create association to 1:00-cr-01118-JSR. Notice of Assignment to follow. (rdz) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 00-cr-1118 (JSR).Document filed by Americo Massa.(rdz) |
| Case Designated ECF. (rdz) |
| Magistrate Judge Henry B. Pitman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (rdz) |
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| Plaintiff: Americo Massa | |
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| Defendant: United States of America | |
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