Hotton v. United States of America
Plaintiff: Mark Hotton
Defendant: United States of America
Case Number: 1:2018cv07717
Filed: August 20, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: John G Koeltl
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By: None
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Docket Report

This docket was last retrieved on February 18, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 18, 2020 Opinion or Order Filing 23 MANDATE of USCA (Certified Copy) as to #22 Notice of Appeal filed by Mark Hotton. USCA Case Number 18-7717. Appellant, pro se, moves for a certificate of appealability and to proceed in forma pauperis. Upon due consideration, it is hereby ORDERED that the motion is DENIED and the appeal is DISMISSED. Appellant has not shown that "jurists of reason would find it debatable whether the district court was correct in its procedural ruling," as to the untimeliness of Appellant's motion filed pursuant to 28 U.S.C. 2255. Slack v. McDaniel, 529 U.S. 473, 478 (2000). And as to those portions of the motion that at least arguably rely on newly discovered evidence, Appellant has not "made a substantial showing of the denial of a constitutional right." 28 U.S.C. 2253(c); see also Miller- El v. Cockrell, 537 U.S. 322, 327 (2003).. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/18/2020. [This document also entered in case: 12-cr-0825]..(nd)
August 14, 2019 Opinion or Order USCA Appeal Fees received $ 500.00 receipt number 465401241741 on 8/13/2019 re: #22 Notice of Appeal filed by Mark Hotton. (tp)
August 14, 2019 Opinion or Order Appeal Fee Due: for #22 Notice of Appeal. Appeal Fee of $500.00 has been received on 8/13/2019. $5.00 Appeal fee due by 8/28/2019. (tp)
August 2, 2019 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #22 Notice of Appeal filed by Mark Hotton were transmitted to the U.S. Court of Appeals. (nd)
August 2, 2019 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #22 Notice of Appeal. (nd)
August 1, 2019 Opinion or Order Filing 22 NOTICE OF APPEAL from #21 Clerk's Judgment, #20 Memorandum & Opinion,,,. Document filed by Mark Hotton. [This document also entered in case: 12-cr-0825]. (nd)
August 1, 2019 Opinion or Order Appeal Fee Due: for #22 Notice of Appeal.$505.00 Appeal fee due by 8/15/2019. (nd)
May 2, 2019 Opinion or Order Mailed a copy of #21 Clerk's Judgment, #20 Memorandum & Opinion, Notice of Appeal Forms, to Mark Hotton ID No. 81697-053 F.C.I. - Fort Dix P.O. Box 2000 Joint Base MDL, NJ 08640. (vba)
May 1, 2019 Opinion or Order Filing 21 CLERK'S JUDGMENT re: #20 Memorandum & Opinion in favor of United States of America against Mark Hotton. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated May 1, 2019, the Court has considered all of the arguments raised by the parties. To the extent they are not specifically addressed, they are either moot or without merit. The petitioner's motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255 is denied, as are his motions for discovery, for an evidentiary hearing, and for the appointment of counsel. Because the petitioner has failed to make a substantial showing of the denial of a constitutional right, the Court declines to issue a certificate of appealability pursuant to 28 U.S.C. 2253(c) (2). Judgment is entered dismissing the petition; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 5/1/2019) (Attachments: #1 Right to Appeal)(km) Transmission to Docket Assistant Clerk for processing.
May 1, 2019 Opinion or Order Filing 20 MEMORANDUM OPINION AND ORDER: The Court has considered all of the arguments raised by the parties. To the extent they are not specifically addressed, they are either moot or without merit. For the reasons explained above, the petitioner's motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255 is denied, as are his motions for discovery, for an evidentiary hearing, and for the appointment of counsel. Because the petitioner has failed to make a substantial showing of the denial of a constitutional right, the Court declines to issue a certificate of appealability pursuant to 28 U.S.C. 2253(c) (2). The Clerk is directed to enter judgment dismissing the petition and closing this case. SO ORDERED. (Signed by Judge John G. Koeltl on 5/1/2019) (jca) Transmission to Orders and Judgments Clerk for processing.
December 20, 2018 Opinion or Order Filing 19 MEMORANDUM OPINION & ORDER re: #17 MOTION TO EXPAND. MOTION to Appoint Counsel. filed by Mark Hotton. The petitioner's application to the Court to appoint counsel is denied without prejudice. The petitioner also moves to supplement the record. This appears to be a request for discovery. This motion is denied without prejudice. To obtain discovery in a proceeding brought under 28 U.S.C. 2255, the petitioner must show good cause. Drake v. Portuondo, 321 F.3d 338, 346 (2d Cir. 2003); Tarafa v. Artus, No. 10cv3870, 2010 WL 496;991, at *1 (S.D.N.Y. Dec. 2, 2010); Viertel v. United States, No. 08cv7512, 2014 WL 406523, at *l (S.D.N.Y. Jan. 30, 2014). The Court will review all of the papers regarding the petitioner' motion to vacate and will determine whether the record should be supplemented. The Clerk is directed to close Docket Number 83 in the criminal matter (12-cr-825) and Docket Number 17 in the civil matter (18-cv-7717). SO ORDERED. (Signed by Judge John G. Koeltl on 12/19/18) (yv)
December 18, 2018 Opinion or Order Filing 18 AFFIDAVIT of Mark C. Hotton IN SUPPORT OF 2255 WITH EXHIBITS; re: #1 Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by Mark Hotton. (sc)
December 12, 2018 Opinion or Order Filing 14 REPLY re: #1 Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by Mark Hotton. (yv)
December 12, 2018 Opinion or Order Filing 13 ORDER. The Court received the attached reply brief via mail and now files it on the docket. SO ORDERED. (Signed by Judge John G. Koeltl on 12/12/18) (yv)
December 12, 2018 Opinion or Order Filing 12 MEMO ENDORSED ORDER granting #11 Motion for Extension of Time to File Response/Reply. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 12/12/18) (yv)
December 10, 2018 Opinion or Order Filing 17 MOTION TO EXPAND AND FOR THE APPOINTMENT OF COUNSEL UNDER 18:3006A AND PURS. TO RULE 7(a) and (b)OF THE RULES GOVERNING SECTION 2255 PROCEEDINGS FOR THE UNITED STATES DISTRICT COURTS. Document filed by Mark Hotton.(sc)
December 10, 2018 Opinion or Order Filing 16 MARK C. HOTTON AFFIDAVIT IN SUPPORT OF 2255 WITH EXHIBITS; re: #1 Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by Mark Hotton. (sc)
December 10, 2018 Opinion or Order Filing 15 PETITIONER'S REPLY. Document filed by Mark Hotton. (sc)
December 7, 2018 Opinion or Order Filing 11 PETITIONER'S 2ND MOTION FOR A 7-DAY EXTENSION OF TIME TO FILE REPLY. Document filed by Mark Hotton.(sc)
December 6, 2018 Opinion or Order Filing 10 MEMO ENDORSEMENT on Letter requesting extension of time, filed by Mark Hotton. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 12/6/18) (yv)
November 27, 2018 Opinion or Order Filing 9 MEMO ENDORSEMENT on re: #7 MOTION for Extension of Time to File Response/Reply as to #4 Letter. filed by Mark Hotton. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 11/26/18) (yv)
November 19, 2018 Opinion or Order Filing 8 MEMO ENDORSED ORDER granting #7 Motion for Extension of Time to File Response/Reply. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 11/19/18) (yv)
November 13, 2018 Opinion or Order Filing 7 PETITIONER'S MOTION FOR 14-DAY EXTENSION OF TIME TO FILE REPLY; re: for Extension of Time to File Reply as to #4 Letter. Document filed by Mark Hotton.(sc)
October 25, 2018 Opinion or Order Filing 6 ORDER: The Court has received the government's response dated October 19, 2018. The petitioner may file a reply by November 12, 2018. SO ORDERED. (Replies due by 11/12/2018.) (Signed by Judge John G. Koeltl on 10/23/2018) (jca)
October 19, 2018 Opinion or Order Filing 5 NOTICE OF APPEARANCE by Edward B. Diskant on behalf of United States of America. (Diskant, Edward)
October 19, 2018 Opinion or Order Filing 4 LETTER addressed to Judge John G. Koeltl from Edward B. Diskant dated October 19, 2018 re: Opposition to Petitioner's 2255 Motion. Document filed by United States of America. (Attachments: #1 Exhibit Ex A)(Diskant, Edward)
August 29, 2018 Opinion or Order Filing 3 HABEAS INFORMATION PACKAGE MAILED to Mark Hotton ID No. 81697-053 F.C.I. - Fort Dix P.O. Box 2000 Joint Base MDL, NJ 08640, at, on 8/29/2018 Re: #2 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)
August 29, 2018 Opinion or Order Mailed a copy of #2 Order to Answer, #1 Motion to Vacate/Set Aside/Correct Sentence (2255) to U.S. Attorney's Office SDNY One Andrews Plaza New York NY 10007 by Certified Mail # 7017 2680 0000 1025 2522. (vba)
August 28, 2018 Opinion or Order Filing 2 MEMORANDUM AND ORDER: The Clerk of this Court is directed to serve, by certified mail return receipt requested, a copy of this order, together with a copy of the petition, on the United States Attorney for the Southern District of New York (the Government), who shall answer or move with respect to the petition for habeas corpus within sixty (60) days from the date of receipt of this order. The Government shall submit transcripts of all proceedings, any briefs submitted on appeal and the record in any federal post-conviction proceedings. The petitioner's time to reply to the Government's response shall be thirty (30) days after receipt of the Government's response. So Ordered (Signed by Judge Valerie E. Caproni Part 1 Judge on 8/28/2018) (js) Transmission to Docket Assistant Clerk for processing.
August 20, 2018 Opinion or Order Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 1:12-cr-00825-JGK-1.Document filed by Mark Hotton.(sac)
August 20, 2018 Opinion or Order Case Designated ECF. (sac)
August 20, 2018 Opinion or Order 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. (sac)

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Plaintiff: Mark Hotton
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Defendant: United States of America
Represented By: Edward B. Diskant
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