Salinas-Garcia v. United States of America
| Jose Fernando Salinas-Garcia |
| United States of America |
| 1:2020cv01027 |
| February 5, 2020 |
| US District Court for the Southern District of New York |
| Loretta A Preska |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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| Mailed a copy of #4 Order, #5 Order, to Jose Fernando Salinas-Garcia c/o Temporary Mail Location: c/o 27134-112 Airpark Unit Big Spring, TX 79720..(vba) |
Filing 5
ORDER: On February 18, 2020, the Court issued an order directing Movant to file a declaration showing cause why his motion should not be denied as time barred. The Clerk of Court is directed to mail a copy of the order (ECF No. #4 ) to Movant and note service on the docket. SO ORDERED. (Signed by Judge Loretta A. Preska on 2/20/2020) (va) Transmission to Docket Assistant Clerk for processing.
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Filing 4
ORDER re: #1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Jose Fernando Salinas-Garcia. Movant's application is construed as a motion under 28 U.S.C. 2255. Within sixty days of the date of this order, Movant must either notify the Court in writing if he wishes to withdraw the motion, or, if Movant chooses not to withdraw the motion, file a declaration showing cause why the motion should not be denied 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, order that the motion be served on Respondent. If Movant fails to comply with this order, and cannot show good cause to excuse such failure, the motion will be denied 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 Loretta A. Preska on 2/18/2020) (kv) (Main Document 4 replaced on 2/18/2020) (kv).
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| Mailed a copy of #2 Order to Jose Fernando Salinas-Garcia c/o Temporary Mail Location: c/o 27134-112 Airpark Unit Big Spring, TX 79720. (nb) |
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Filing 2
ORDER (04-CR-603-2 (LAP), #229) re: #1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Jose Fernando Salinas-Garcia. Defendant was convicted in this District on May 23, 2006. (Doc. No. 135.) On January 16, 2020, Defendant filed a "Demand to Abate or Vacate Void Judgment," in which he challenges the validity of his conviction and sentence and seeks his release. (Doc. No. 228.) The Clerk of Court is directed to open a new civil action, Salinas-Garcia v. United States, with a new case number. The Clerk of Court is further directed to docket in the new case this order and Doc. No. 228 from 04-CR-603-2. Once the new civil action has been opened, the Court will issue an order directing Defendant how to proceed. The Clerk of Court is directed to mail a copy of this order to Defendant and note service on the docket. (Signed by Judge Loretta A. Preska on 2/5/2020) (sac) 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: 1:04-cr-00603-LAP-2. Document filed by Jose Fernando Salinas-Garcia. (sac) |
| Magistrate Judge Sarah L. Cave 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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