Marston v. United States of America
| Howard Marston |
| United States of America |
| 1:2019cv08711 |
| September 12, 2019 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on November 13, 2020. A more recent docket listing may be available from PACER.
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Filing 5
INFORMATION PACKAGE MAILED to Howard Marston ID No. 78741-054, at Moshannon Valley Correctional Center, 555 I Geo Drive, Philipsburg, PA 16866, on 10/23/2019 Re: #4 Order 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. (bwa)
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Filing 4
ORDER: The Court, having concluded that the motion brought under 28 U.S.C. 2255 should not be summarily dismissed as being without merit, orders that: The Clerk of Court shall electronically notify the Criminal Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued. By November 25, 2019, the U.S. Attorney's Office shall file an answer or other pleadings in response to the attached letter as well as the petition filed on September 12, 2019. The petitioner shall have thirty days from the date on which the petitioner is served with the respondent's answer to file a response. Absent further order, the motion will be considered fully submitted as of that date. SO ORDERED. (Signed by Judge John G. Koeltl on 10/22/2019) ( Responses due by 11/25/2019)(ks) Transmission to Pro Se Assistants for processing.
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Filing 3
ORDER: The Court directs Movant to file a declaration within sixty days of the date of this order showing cause why the Court should not deny his 2255 motion as time-barred. For Movant's convenience, a declaration form is attached to this order. If Movant files a declaration within the time allowed, the Court will review it, and if proper, will order that the motion be served on Respondent. If Movant fails to comply with this order, the Court will deny the motion as time barred. No answer will be required at this time. Because Movant has not at this time made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. The Court certifies under 28 U.S.C. 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). SO ORDERED. (Signed by Judge John G. Koeltl on 9/24/2019) (ks)
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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: 1:17-cr-00298-JGK-1. Document filed by Howard Marston. (sac) |
| 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. (sac) |
| Case Designated ECF. (sac) |
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| Defendant: United States of America | |
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| Plaintiff: Howard Marston | |
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