Flores-Mendez v. United States of America
Plaintiff: Isaias Flores-Mendez
Defendant: United States of America
Case Number: 1:2019cv09889
Filed: October 22, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Lorna G Schofield
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255
Jury Demanded By: None
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Docket Report

This docket was last retrieved on May 26, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 19, 2019 Filing 8 PRO SE PETITION(Motion) FOR A RULE OF PROCEDURE RULE 60(b)(4) AND (6)MOTION FOR RELIEF for Reconsideration re; #7 Transfer Order U.S.C.A. Document filed by Isaias Flores-Mendez.(sc)
November 6, 2019 Non-Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Non-Appeal Electronic Files for #7 Transfer Order U.S.C.A., were transmitted to the U.S. Court of Appeals. (tp)
November 5, 2019 Opinion or Order Filing 7 TRANSFER ORDER: The Clerk of Court is directed to mail a copy of this order to Movant. In the interest of justice, the Court transfers the instant motion under 2255 to the United States Court of Appeals for the Second Circuit. See 28 U.S.C. 1631; see also Liriano v. United States, 95 F.3d 119, 122-23 (2d Cir. 1996) (per curiam). The Clerk of Court is directed to close this case. If the Court of Appeals authorizes Movant to proceed in this matter, he shall move to reopen this case under this civil docket number. As the motion makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. The Court certifies, pursuant to 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). (Signed by Judge Lorna G. Schofield on 11/5/2019) (mro) Transmission to Appeals Clerk. Transmission to Docket Assistant Clerk for processing.
November 5, 2019 Mailed a copy of #7 Transfer Order U.S.C.A., to Isaias Flores-Mendez 95515-198 United States Penitentiary P.O. Box 24550 Tuscon, AZ 85734. (vba)
October 31, 2019 Opinion or Order Filing 6 HABEAS INFORMATION PACKAGE MAILED to Isaias Flores-Mendez 95515-198 United States Penitentiary P.O. Box 24550 Tuscon, AZ 85734, at, on 10/31/2019 Re: #3 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)
October 31, 2019 Filing 5 LETTER addressed to Judge Lorna G. Schofield from USA dated October 29, 2019 re: Successive Section 2255 Motion filed October 22, 2019. Document filed by United States of America.(Li, Alexander)
October 31, 2019 Filing 4 NOTICE OF APPEARANCE by Alexander Nuo Li on behalf of United States of America. (Li, Alexander)
October 31, 2019 Opinion or Order Filing 3 ORDER TO ANSWER, 28 U.S.C. 2255: The Court, having concluded that the motion brought under 28 U.S.C. 2255 should not be summarily dismissed as being without merit, hereby 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 12, 2019, the U.S. Attorney's Office shall file a memorandum of law in response to the motion. Movant shall, by December 12, 2019, file a response. Absent further order, the motion will be considered fully submitted as of that date. The briefing schedule stated in this Order supersedes the schedule set in the Order at Dkt. No. 2. All further papers filed or submitted for filing must include the criminal docket number and will be docketed in the criminal case (13 Crim. 31). The Clerk of Court is respectfully directed to mail a copy of this order to the pro se Petitioner. SO ORDERED. (Signed by Judge Lorna G. Schofield on 10/31/2019) ( Responses due by 11/12/2019, Replies due by 12/12/2019.) (ks) Transmission to Docket Assistant Clerk for processing. Transmission to Pro Se Assistants for processing.
October 31, 2019 Mailed a copy of #3 Order to Answer, Set Deadlines, to Isaias Flores-Mendez 95515-198 United States Penitentiary P.O. Box 24550 Tuscon, AZ 85734. (aea)
October 29, 2019 Mailed a copy of #2 Endorsed Letter, Set Deadlines, to Isaias Flores-Mendez 95515-198 United States Penitentiary P.O. Box 24550 Tuscon, AZ 85734. (aea)
October 28, 2019 Opinion or Order Filing 2 ENDORSED LETTER from Isaias Flores-Mendez re: Motion under 28 USC 2255 to vacate, set aside or correct sentence by a person in federal custody. ENDORSEMENT: The United States shall, by November 7, 2019, file a memorandum of law in opposition to this motion. The memorandum of law and accompanying materials shall comply with the Court's Individual Rules. Petitioner may, by December 5, 2019, file a reply. The Clerk of Court is respectfully directed to mail a copy of this order to the pro se Petitioner. ( Responses due by 11/7/2019, Replies due by 12/5/2019.) (Signed by Judge Lorna G. Schofield on 10/28/2019) (cf) Transmission to Docket Assistant Clerk for processing.
October 22, 2019 Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 13-cr-31 (KBF).Document filed by Isaias Flores-Mendez.(rdz)
October 22, 2019 Case Designated ECF. (rdz)
October 22, 2019 Magistrate Judge Barbara C. Moses 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. (rdz)
October 22, 2019 CASE ACCEPTED AS RELATED. Create association to 1:13-cr-00031-LGS. Notice of Assignment to follow. (rdz)

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Defendant: United States of America
Represented By: Alexander Nuo Li
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Plaintiff: Isaias Flores-Mendez
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