Moore v. United States of America
| Duane Moore |
| United States of America |
| 1:2019cv11481 |
| December 13, 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 December 30, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Mailed a copy of #4 Order, to Federal Defenders of New York 52 Duane Street, 10th Floor New York, NY 10007 and to Peter John Davis United States Attorney's Office One St. Andrew's Plaza New York, NY 10007. (aea) |
Filing 9
MEMORANDUM OPINION AND ORDER: Mr. Moore should advise the Court by February 17, 2020 whether he wishes the Court to convert his motion into a Section 2255 petition or whether he wishes to withdraw the motion. If he wishes the Court to convert his motion, he may at the same time include in his letter to the Court any new information that he wishes to bring to the attention of the Court. If he does so, the Court will then set a schedule for the Government to respond and the petitioner to reply. If the Court does not hear from Mr. Moore by February 17, 2020, the Court will consider the motion as one brought under 28 U.S.C. 2255. (Signed by Judge John G. Koeltl on 12/17/2019) (jwh)
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| Transmission to Docket Assistant Clerk. Transmitted re: #4 Order, to the Docket Assistant Clerk for case processing. (rdz) |
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Filing 8
ORDER as to Duane Moore. The defendant's reply to the Government's opposition was due on May 13, 2019. As of today, the defendant has not filed a reply. The defendant is given an extension of time to file a reply to the Government's opposition by June 7, 2019. If no reply is filed by that date, the Court will decide the motion on the papers submitted thus far. SO ORDERED. (Signed by Judge John G. Koeltl on 5/24/2019) (sac)
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| Filing 7 MEMORANDUM OF LAW in Opposition re: #1 Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by United States of America. (sac) |
| Filing 6 NOTICE OF APPEARANCE by Peter John Davis on behalf of United States of America. (sac) |
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Filing 5
ORDER as to Duane Moore: The Court has received the attached letter from the defendant asking whether the Court has received the defendant's motion dated February 12, 2019. The Court has received the defendant's motion. See Dkt. No. 40. The Government's response to the defendant's motion is due on April 22, 2019 and the defendant may reply by May 13, 2019. See Dkt. No. 42. SO ORDERED. (Responses due by 4/22/2019. Replies due by 5/13/2019.) (Signed by Judge John G. Koeltl on 3/25/2019) (sac)
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Filing 4
ORDER as to Duane Moore (Defendant Replies due by 5/13/2019, Government Responses due by 4/22/2019). The defendant's motion may properly be considered as a motion under 28 U.S.C. 2255 or a petition for a writ of coram nobis. The Court is referring the defendant's motion to his defense counsel in this case, the Federal Defenders of New York. Defense counsel may submit further argument on behalf of the defendant by March 22, 2019. The Government should respond by April 22, 2019. The defendant, either through defense counsel or pro se, may reply by May 13, 2019. The Clerk of Court is directed to send a copies of this Order to the defendant and the Federal Defenders of New York. SO ORDERED. (Signed by Judge John G. Koeltl on 2/21/2019) (sac)
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| Filing 3 Certificate of Service by (17-Cr-07-01) Duane Moore. Attached is The Certificate Of Service In Reference To the Above Case Number. Please Apply. Dated: February 13th, 2019. Document filed by Duane Moore. (sac) |
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Filing 2
ORDER as to Duane Moore: The Clerk is directed to open a civil docket with Dkt. No. 40 in this case reflected as Dkt. No. 1 in the new civil case. The Clerk is directed to place Dkt. Nos. 41-46 on the new civil docket. The Clerk is directed to update the address of the petitioner in the civil case as follows: Duane Moore #54929-053 FCI Fort Dix Federal Correctional Institution P.O. Box 2000 Joint Base MDL, NJ 08640 SO ORDERED. (Signed by Judge John G. Koeltl on 12/13/2019) (sac)
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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-00007-JGK. Document filed by Duane Moore. (sac) |
| Magistrate Judge Kevin Nathaniel Fox 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sac) |
| Case Designated ECF. (sac) |
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| Plaintiff: Duane Moore | |
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| Defendant: United States of America | |
| Represented By: | Peter John Davis |
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