McBeth v. United States of America
| Brian McBeth |
| United States of America |
| USA |
| 1:2019cv07825 |
| August 19, 2019 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Ona T Wang |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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Filing 5
HABEAS INFORMATION PACKAGE MAILED to Brian McBeth REG. No. 75867-054 F.C.I. Elkton P.O. Box 10 Lisbon, OH 44432, at, on 8/28/2019 Re: #4 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)
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Filing 4
ORDER TO ANSWER: Brian McBeth has filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255. At a sentencing on April 18, 2017, Judge Katherine B. Forrest sentenced Defendant to a total prison term of 117 months, to be followed by a total supervised-release term of five years. (ECF 16-CR-0317-07, 366). Mr. McBeth claims ineffective assistance of counsel for his counsel's failure to address, inter alia, the U.S. Supreme Court's April 3, 2017 decision in Dean v. United States, 137 S. Ct. 1170 (2017). Having examined this petition under 28 U.S.C. 2255, the Court hereby ORDERS that: 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. Within 60 days of the date of this order, Respondent shall file an answer to the entire petition. Movant shall have 30 days from the date on which Movant is served with Respondent's answer to file a response. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 8/27/2019) (rro) Transmission to Pro Se Assistants for processing.
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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. Referred to Magistrate Judge Ona T. Wang. (Signed by Judge Paul A. Engelmayer on 8/22/2019) (jwh)
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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-00317-PAE-7.Document filed by Brian McBeth.(sac) |
| Magistrate Judge Ona T. Wang 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) |
| Case Designated ECF. (sac) |
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