Rosario v. United States of America
| Francisco J. Rosario |
| United States of America |
| 1:2018cv09066 |
| October 2, 2018 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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| Document Text |
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Filing 6
ORDER: The Court has reviewed and considered the parties' submissions regarding Respondent's time to respond to Petitioner's motion to vacate pursuant to 28 U.S.C. 2255. (Docket Entry Nos. 54 and 55.) The Court grants the Government's request for an extension and directs Respondent to file its response to Petitioner's motion to vacate by November 30, 2018. Petitioner's reply, if any, is due by December 14, 2018. The Government's attention is directed to Rule 5.2(c) of the Southern District's Local Civil Rules, which is incorporated by Local Criminal Rule 1.1(b) and states, "Parties have an obligation to review the Courts actual order... (on ECF), which controls, and should not rely on the description on the docket or in the ECF Notice of Electronic Filing..." Petitioner's request for entry of "a notice of default in favor of deciding Defendant's pending application as unopposed" is denied. The Court also denies Petitioner's request to be released from custody pending determination of his application. SO ORDERED., ( Responses due by 11/30/2018, Replies due by 12/14/2018.) (Signed by Judge Laura Taylor Swain on 11/19/2018) (ama)
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| Filing 5 FIRST LETTER addressed to Judge Laura Taylor Swain from Angel A. Castro, III, Esq. dated November 16, 2018 re: Response to Government Request for Extension. Document filed by Francisco J. Rosario.(Castro, Angel) |
| Filing 4 FIRST LETTER addressed to Judge Laura Taylor Swain from Michael K. Krouse dated November 15, 2018 re: Scheduling. Document filed by United States of America.(Krouse, Michael) |
| Received Return Receipt of Mail Order by Certified Mail, as to US Attorneys Office of SDNY One Andrews Place New York NY 10007, which was served by Certified Mail # 7017 3040 0000 9027 7939, on 10/15/2018. (vba) |
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Filing 3
ORDER: ORDERED, that the Clerk of the Court shall serve, by certified mail, copies of this Order and the underlying Motion, Memorandum of Law, Affidavit of Francisco Rosario, and Affirmation of Angel A. Castro, III, Esq., submitted by Movant on the United States Attorney for the Southern District of New York; and it is further ORDERED, that Respondent shall serve and file an answer to the Petition, with a memorandum of law, on or before November 12, 2018 (30 days). If Petitioner wishes to submit a reply to Respondent's answer, such reply papers must be filed and served, with a courtesy copy provided for Chambers, no later than November 27, 2018. SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/11/2018) (ama) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #3 Order to Answer, #2 Memorandum of Law in Support, #1 Motion to Vacate/Set Aside/Correct Sentence (2255), Affidavit of Francisco Rosario, and Affirmation of Angel A. Castro, III, Esq. to US Attorney's Office SDNY One Andrew's Place NY, NY 10007 by Certified Mail # 7017 3040 0000 9027 7939 with Return Receipt Requested. (aea) |
| Set/Reset Deadlines: Responses due by 11/12/2018 Replies due by 11/27/2018. (ama) |
| Filing 2 MEMORANDUM OF LAW in Support re: #1 Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by Francisco J. Rosario. (sac) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 17-cr-27 (LTS).Document filed by Francisco J. Rosario.(rdz) |
| Case Designated ECF. (rdz) |
| Magistrate Judge Katharine H. Parker 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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| Respondent: United States of America | |
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| Petitioner: Francisco J. Rosario | |
| Represented By: | Angel Antonio Castro, III |
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