Lumiere v. United States of America
| Stefan Lumiere |
| United States of America |
| USA |
| 1:2018cv09170 |
| October 5, 2018 |
| US District Court for the Southern District of New York |
| Barbara C Moses |
| Jed S Rakoff |
| Prisoner: Vacate Sentence |
| 28 U.S.C. § 2255 |
| None |
Docket Report
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| Mailed a copy of #18 Order on Motion for Extension of Time to File, to Stefan Lumiere I c/o GEO Group Reentry Services 2534 Creston Ave. Bronx, NY 10468. (aea) |
Filing 18
ORDER granting #13 Motion for Extension of Time to File: Notwithstanding petitioner's failure to comply with this Court's October 26 Order, fairness - including fairness to the Government and to the Court - counsels that petitioner be given one more opportunity do so. Consequently, the Extension Motion at Dkt. No. 14 is GRANTED to the extent that the deadline for petitioner to file his Second Amended Petition in compliance with the October 26 Order is extended to January 31, 2019. The 50-page limit remains. No further extensions will be granted. The Clerk of Court is respectfully directed to close the sealed motion at Dkt. No. 13 and mail a copy of this Order to petitioner. (Signed by Magistrate Judge Barbara C. Moses on 11/30/2018) (jwh) Transmission to Docket Assistant Clerk for processing.
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| Set/Reset Deadlines: Motions due by 1/31/2019. (jwh) |
| Filing 17 RESPONSE in Opposition to Motion re: #13 MOTION for Extension of Time to File. . Document filed by United States of America. (Naftalis, Joshua) |
| Filing 16 SEALED DOCUMENT placed in vault.(mhe) |
| Mailed a copy of #15 Order, Set Deadlines, to Stefan Lumiere I c/o GEO Group Reentry Services 2534 Creston Ave. Bronx, NY 10468. (aea) |
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Filing 15
ORDER: Petitioner's request is GRANTED to the extent that the original Motion (Dkt. No. 13) shall be placed under seal. The Court reserves decision with regard to the relief sought in the revised Motion. If the Government wishes to file a response to the revised Motion, it shall do so no later than Thursday, November 29, 2018. Respondent shall not retain any copy of plaintiff's original Motion (Dkt. No. 13). The Clerk of Court is respectfully directed to mail a copy of this Order to petitioner. (Responses due by 11/29/2018) (Signed by Magistrate Judge Barbara C. Moses on 11/28/2018) (ne) Transmission to Docket Assistant Clerk for processing. Transmission to Sealed Records Clerk for processing.
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| Filing 14 LETTER from S. Lumiere, dated 11/26/18 re: MOTION TO FILE A FURTHER EXTENSION OF TIME. Document filed by Stefan Lumiere.(sc) |
| Filing 13 MOTION for Extension of Time to File a 2nd Amended 2255 with no page limit. Document filed by Stefan Lumiere.(kv) |
| Mailed a copy of #12 Order, Set Deadlines, Terminate Motions, to Stefan Lumiere I c/o GEO Group Reentry Services 2534 Creston Ave. Bronx, NY 10468. (aea) |
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Filing 12
ORDER: For the reasons set forth above, petitioner shall file his Second Amended Petition, in compliance with Rule 2( c) and limited to 50 typed, double-spaced pages, no later than November 26, 2018. The Clerk of Court is respectfully directed to remove the limitation of public access to petitioners' Appendix (Dkt. Nos. 1-1, 1-2, 1-3, 1-4, 1-5, 1-6, 1-7, and 1-8) ordered by the Court on October 15, 2018. (See Dkt. No. 7.) The Clerk of Court is respectfully directed to mail a copy of this Order to petitioner Lumiere. This Order disposes of the Motion at Dkt. No. 3. SO ORDERED. (Amended Pleadings due by 11/26/2018.) (Signed by Magistrate Judge Barbara C. Moses on 10/26/2018) (jca) Transmission to Docket Assistant Clerk for processing.
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| Filing 11 RESPONSE in Opposition to Motion re: #3 MOTION to Seal Document. . Document filed by United States of America. (Naftalis, Joshua) |
| Filing 9 NOTICE OF APPEARANCE by Joshua Arditi Naftalis on behalf of United States of America. (Naftalis, Joshua) |
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Filing 8
FRCP 4 SERVICE PACKAGE MAILED to Stefan Lumiere I c/o GEO Group Reentry Services2534 Creston Ave. Bronx, NY 10468 on 10/15/2018 Re: #7 Order to Answer via REGULAR MAIL. 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. (sbr)
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Filing 7
ORDER TO RESPOND TO SEALING MOTION: It is hereby ORDERED that the Government shall respond in writing to petitioner's Motion, no later than October 29, 2018, and shall specifically note, in its response, which pages of the Appendix, if any, it believes to be subject to the Protective Order, and what remedy, if any, should be imposed for any violation of that Protective Order by petitioner. The Clerk of Court shall notify the Criminal Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued. Pending further order of this Court, the Clerk of Court shall limit access to petitioners' Appendix (Dkt. Nos. 1-1, 1-2, 1-3, 1-4, 1-5, 1-6, 1-7, and 1-8) to the Court and the parties only. The Court has not yet determined whether to order the Government to answer the Petition.See 28 U.S.C. 2255(b); Rule 4(b), Rules Governing 2255 Proceedings. The Clerk of Court shall mail a copy of this Order to petitioner Lumiere. (As further set forth in this Order.) (Responses due by 10/29/2018) (Signed by Magistrate Judge Barbara C. Moses on 10/15/2018) (cf) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #7 Order to Answer, Set Deadlines, to Stefan Lumiere I c/o GEO Group Reentry Services 2534 Creston Ave. Bronx, NY 10468. (aea) |
| Filing 6 PRO SE MEMORANDUM, dated 10/10/18 re: CHANGE OF ADDRESS for Stefan Lumiere. New Address: c/o GEO Group Reentry Services, 2534 Creston Ave., Bronx, New York, 10468. (sc) |
| Filing 5 APPENDIX IV to #4 Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by Stefan Lumiere.(sc) |
| Filing 4 FIRST AMENDED 2255 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 16-CR-00483.Document filed by Stefan Lumiere.(sc) |
| Filing 3 MOTION TO SEAL DOCUMENTS IN THE FILED APPENDIX AS PER THE PROTECTIVE ORDER IF STILL OUTSTANDING. Document filed by Stefan Lumiere.(sc) |
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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. All such motions: yes. Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Jed S. Rakoff on 10/9/2018) (cf)
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| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 1:16-cr-00483-JSR-1. Document filed by Stefan Lumiere. (sac) (Additional attachment(s) added on 10/9/2018: #1 Appendix Part IA-1, #2 Appendix Part IA-2, #3 Appendix Part IA-3, #4 Appendix Part IB, #5 Appendix Part II-1, #6 Appendix Part II-2, #7 Appendix Part II-3, #8 Appendix Part III) (sac). |
| Case Designated ECF. (sac) |
| Magistrate Judge Barbara C. Moses 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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