Carmona v. United States of America
| Roberto Carmona and Roberto Contreras |
| UNITED STATES OF AMERICA |
| 1:2019cv06564 |
| July 15, 2019 |
| US District Court for the Southern District of New York |
| Stewart D Aaron |
| Katherine Polk Failla |
| Other Statutory Actions |
| 28 U.S.C. ยง 1651 cn |
| Plaintiff |
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Filing 9
ORDER re: #8 Brief filed by Roberto Carmona.The Certification attached to the Petitioner's "Brief" states that it was "served upon all attorneys of record by ECF filing." However, Petitioner never served his initial Petition (ECF No. 4) on the United States, and thus the United States has not entered an appearance in this case. Accordingly, Petitioner's Brief was served on no one. No later than 9/17/19, Petitioner shall serve his Petition, his Brief and the Court's Orders in this case upon the United States pursuant to Fed. R. Civ. P. 4(i)(1). Proof of such service shall be filed by Petitioner no later than 9/18/19. Thereafter, the United States shall file a Notice of Appearance in this case no later than 10/17/19 and shall file its response to Petitioner's Brief (ECF No. 8) no later than 10/24/19. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 9/10/2019) (Text Only Order) (kl)
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| Filing 8 BRIEF re: #7 Order to Show Cause,,,,,, . Document filed by Roberto Carmona.(DiLibero, Steven) |
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Filing 7
ORDER TO SHOW CAUSE: Petitioner Roberto Carmona ("Petitioner"), on July 16, 2019, filed a Petition of Writ of Coram Nobis or Writ of Audita Querela or Petition for Writ of Habeas Corpus. (Petition, ECF No. 4.) For the reasons set forth below, Petitioner is ORDERED TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE SUA SPONTE DISMISSED BY THE COURT. The Petition asserts that Petitioner already has been deported from the United States. (See, e.g., Petition at 2, 10.) To the extent that Petitioner is seeking federal habeas relief, his Petition should be denied since he is no longer in custody and did not file his Petition before being deported. See Jackson v. Holder, 893 F. Supp. 2d 629, 631 (S.D.N.Y. 2012) ("The 'in custody' requirement is satisfied if the petitioner filed the habeas petition before beingdeported." (citation omitted & emphasis supplied)). To the extent that Petitioner is challenging his deportation, such challenge may not be brought in this Court. See 8 U.S.C. 1252(a)(5) ("[A] petition for review filed with an appropriate court of appeals shall be the sole and exclusive means for judicial review of an order of removal"). Within 14 days of the date of this Order, Petitioner shall submit a memorandum, with citation to legal authorities, as to why his Petition should not be dismissed. If Petitioner is unable to do so, the Court will recommend that the District Judge dismiss the Petition sua sponte. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 8/29/2019) (kl)
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Filing 6
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/Coram Nobis. Referred to Magistrate Judge Stewart D. Aaron. (Signed by Judge Katherine Polk Failla on 7/31/2019) (rro)
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| Filing 5 CIVIL COVER SHEET filed. (DiLibero, Steven) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Steven Dominic DiLibero. The following case opening statistical information was erroneously selected/entered: Cause of Action code writgar; County code Albany. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1651; the County code has been modified to XX Out of State. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Steven Dominic DiLibero to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): no jury demand selection was made; no origin selection was made; the civil cover sheet was not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Steven Dominic DiLibero. The party information for the following party/parties has been modified: Roberto Carmona, United States of America. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party name was omitted. (pne) |
| Case Designated ECF. (pne) |
| Magistrate Judge Stewart D. Aaron 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. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne) |
| Filing 4 PETITION WRIT OF CORAM NOBIS, OR WRIT OF AUDITA QUERELA, OR WRIT OF HABEAS CORPUS. (Filing Fee $ 400.00, Receipt Number ANYSDC-17252587).Document filed by Roberto Carmona. (Attachments: #1 Memo, #2 Affidavit)(DiLibero, Steven) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Steven Dominic DiLibero to RE-FILE Document No. #1 Petition (Other). The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; an initial pleading can not contain the word 'Amended' in the title of the document. Re-file the pleading using the event type Petition Other found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 7/22/2019. (pne) |
| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (DiLibero, Steven) Modified on 7/17/2019 (pne). |
| Filing 2 NOTICE OF APPEARANCE by Steven Dominic DiLibero on behalf of Roberto Carmona. (DiLibero, Steven) |
| Filing 1 FILING ERROR - PDF ERROR - PETITION WRIT OF CORAM NOBIS, OR WRIT OF AUDITA QUERELA, OR WRIT OF HABEAS CORPUS. (Filing Fee $ 400.00, Receipt Number ANYSDC-17244857).Document filed by Roberto Carmona. (Attachments: #1 Memo, #2 Affidavit)(DiLibero, Steven) Modified on 7/16/2019 (pne). |
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