Caban v. United States of America
| Luis Caban |
| United States of America |
| 1:2019cv10509 |
| November 12, 2019 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Gregory H Woods |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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| Document Text |
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| Received Return Receipt of #4 Order,,, as to Luis Caban, which was served by Certified Mail # 7016 2070 0001 1546 9580, on 12/2/2019. (Daniels, Anthony) |
| Received Return Receipt of #10 Order, Set Deadlines, as to Luis Caban, 78188- 054, Federal Correctional Institution Gilmer, P.O. Box 6000, Glenville, WV 26351 which was served by Certified Mail #7019 1120 0000 8894 9953, on 12/27/2019. (vn) |
| Mailed a copy of #10 Order, Set Deadlines, to Luis Caban 781 88 054 Federal Correctional Institution Gilmer P.O. Box 6000 Glenville, WV 26351 by certified mail no. 7019 1120 0000 8894 9953 with return receipt requested and by first class regular mail. (vba) |
Filing 10
ORDER: The Court is in receipt of a letter from Mr. Caban stating that he wishes to proceed with his motion under 28 U.S.C. 2255. Case No. 19-cv-10509, Dkt. No. 8. Based on Mr. Caban's representations that he has been delayed in receiving his mail and has been unable to file a reply to the Government's opposition, the time for Mr. Caban to file his reply is extended to January 31, 2020. The Clerk of Court is directed to send a copy of this order to Mr. Caban by first-class and certified mail. ( Replies due by 1/31/2020.) (Signed by Judge Gregory H. Woods on 12/16/2019) (mro) Transmission to Docket Assistant Clerk for processing.
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| Filing 9 LETTER from L. Caban, re: Petititoner informs the Court that he wishes to continue through with his motion; and the Court has accepted his representation that he was unable to file a Reply to the Government's Opposition, and it has extended his date to 1/14/2020. Document filed by Luis Caban.(sc) |
| Received Return Receipt of #7 Order, Set Deadlines, as to Luis Caban, 781 88 054, Federal Correctional Institution Gilmer, P.O. Box 6000, Glenville, WV 26351, which was served by Certified Mail #7002 2410 0005 1342 4526, on 12/3/2019. (vn) |
| Filing 8 LETTER from Luis Caban re: #4 Order. I like to inform the court that I do wish to continue through with the motion. Document filed by Luis Caban.(sac) |
| Mailed a copy of #7 Order, Set Deadlines, to Luis Caban 781 88 054 Federal Correctional Institution Gilmer P.O. Box 6000 Glenville, WV 26351 by first class and by Certified Mail # 7002 2410 0005 1342 4526 with Return Receipt Requested. (aea) |
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Filing 7
ORDER: The Court is in receipt of a letter from Mr. Caban stating that he has received a copy of the Government's opposition to his motion under the All Writs Act, which the Court has construed as a motion pursuant to 28 U.S.C. 2255. Case No. 19-cv-10509, Dkt. No. 6. The Court accepts Mr. Caban's representations that he is currently unable to file a reply to the Government's opposition. Accordingly, the time for Mr. Caban to file his reply is extended to January 14, 2020. The Clerk of Court is directed to send a copy of this order to Mr. Caban by first-class and certified mail. ( Replies due by 1/14/2020.) (Signed by Judge Gregory H. Woods on 11/25/2019) (mro) Transmission to Docket Assistant Clerk for processing.
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| Filing 6 LETTER addressed to Judge Gregory H. Woods from Luis Caban dated 10/12/2019 re: I have no access to correspondence. Document filed by Luis Caban.(ama) |
| Filing 5 LETTER addressed to Judge Gregory H. Woods from Luis Caban re: Received no information about government response. Document filed by Luis Caban.(ama) |
| Mailed a copy of #4 Order,,, to Luis Caban 78188-054 Federal Correctional Institution Gilmer P.O. Box 6000 Glenville, WV 26351. by Certified Mail # 7016 2070 0001 1546 9580 with Return Receipt Requested. (Daniels, Anthony) |
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Filing 4
ORDER: On November 12, 2019, the Court construed Movant Luis Caban's "Motion under 1651, All Writs Act" as a motion under 28 U.S.C. 2255, and directed the Clerk of Court to open a new civil action for the motion. The Court now informs Caban that if does not want to pursue relief under 2255, he may notify the Court in writing within sixty days that he wishes to withdraw the application. See Castro v. United States, 540 U.S. 375, 383 (2003); Adams v. United States, 155 F.3d 582, 584 (2d Cir. 1998) (per curiam). Caban will have one opportunity within the limitations period for a full adjudication of his claims. If Caban does not inform the Court of his intent within sixty days, the application will remain designated as a motion under 28 U.S.C. 2255. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/15/2019) (jca)
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| Mailed a copy of #2 Order, to Luis Caban 781 88 054 Federal Correctional Institution Gilmer P.O. Box 6000 Glenville, WV 26351. (aea) |
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Filing 2
(DUPLICATE ORIGINAL) ORDER as to Luis Caban: On August 20, 2019, Defendant Luis Caban filed a "Motion Under 1651, All Writs Act."Dkt. No. 662. The Court construes that motion as a motion under 28 U.S.C. 2255. Accordingly, the Clerk of Court is directed to open a new civil action for the motion filed on August 20, 2019. All further papers filed or submitted for filing must include the criminal docket number and will be docketed in the criminal case. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/12/2019) (Original Document file under case 16cr646, Document 683) (Signed by Judge Gregory H. Woods on 11/12/2019) (rdz) Transmission to Docket Assistant Clerk for processing.
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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: 16-cr-646 (GHW).Document filed by Luis Caban.(rdz) |
| Case Designated ECF. (rdz) |
| Magistrate Judge Robert W. Lehrburger 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) |
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