Alston v. United States of America
| Merlin Alston |
| United States of America |
| 1:2019cv07858 |
| August 21, 2019 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 1346 |
| None |
Docket Report
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Filing 2
MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 1:15-cr-435 (CM).Document filed by Merlin Alston.(gp)
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Filing 1
DUPLICATE ORDER DIRECTING CLERK OF COURT TO CONVERT 28 USC 2255 MOTION FILED UNDER THE CRIMINAL DOCKET INTO A SEPARATE CIVIL ACTION AND DIRECTING THE GOVERNMENT TO RESPOND TO THE MOTION (filed in case 1:15-cr-435 (CM)) as to Merlin Alston. Accordingly, the Court directs the Clerk of the Court to convert the pending motion into a properly filed civil habeas petition with a civil docket number. The U.S. Attorney's Office is directed to file a response to the motion within sixty (60) days of the opening of the civil case. Petitioner shall have (30) thirty days from the date on which he is served with the Government's response to file a reply. Absent further order, the motion will be considered fully submitted as of that date. (Signed by Judge Colleen McMahon on 8/21/2019) (gp)
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Case Designated ECF. (gp)
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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. (gp)
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| Respondent: United States of America | |
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| Petitioner: Merlin Alston | |
| Represented By: | Roger Bennet Adler |
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