Montoya-Ibarra v. United States of America
| Francisco Ruben Montoya-Ibarra |
| United States of America |
| 1:2019cv03793 |
| April 26, 2019 |
| US District Court for the Southern District of New York |
| Victor Marrero |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on April 29, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Mailed a copy of #4 Order of Dismissal, to Francisco Ruben Montoya-Ibarra Reg. No. 24303-047 Moshannon Valley Corection Center 555 Geo Drive Philipsburg, PA 16866-8139. (vba) |
Filing 4
ORDER: that the Clerk of Court is directed to open a new civil case under 28 U.S.C. 2255. Once the new civil case is opened, the Clerk of Court shall docket in that case the following documents from this case (09-CR-911-4): Docket Numbers 82, 83, and 84; ORDERED that the motions (Dkt. Nos. 82, 83 and 84) of defendant Francisco Ruben Montoya-Ibarra ("Montoya-Ibarra") for a sentence reduction, pursuant to Amendment 782 of the United States Sentencing Guidelines and 18 U.S.C. Section 3582(c) (2), relief under 28 U.S.C. Section 2255, and "expedited consideration" of his motions, are hereby DENIED. As Montoya-Ibarra has not made a substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. Section 2253(c) (1)(B). The Court certifies under 28 U.S.C. Section 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to terminate any pending motions and to close this case. Finally, the Clerk of Court is directed to mail a copy of this order to Montoya-Ibarra, noting service on the docket. (Signed by Judge Victor Marrero on 4/26/2019) (sac) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 MOTION OF COURSE. Document filed by Francisco Ruben Montoya-Ibarra. (sac) |
| Filing 2 MOTION re: EXPEDITED CONSIDERATION. Document filed by Francisco Ruben Montoya-Ibarra. (sac) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 1:09-cr-00911-VM-4. Document filed by Francisco Ruben Montoya-Ibarra. (sac) |
| Case Designated ECF. (sac) |
| Magistrate Judge James L. Cott 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: Francisco Ruben Montoya-Ibarra | |
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| Defendant: United States of America | |
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