Heatley v. United States of America
Plaintiff: Clarence Heatley
Defendant: United States of America
Case Number: 1:2020cv04854
Filed: June 24, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Loretta A Preska
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 7, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 7, 2020 Opinion or Order Filing 4 ORDER: The Court is in receipt of Mr. Heatley's supplemental motion to vacate his sentence under 28 U.S.C. 2255. (Dkt. no. 668 in 96-CR-515.) The Government shall respond to that motion by September 7, and Mr. Heatley may reply by October 7. SO ORDERED. ( Responses due by 9/7/2020. Replies due by 10/7/2020.) (Signed by Judge Loretta A. Preska on 8/7/2020) (va)
August 6, 2020 Filing 3 MOTION to Amend/Correct #1 Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by Clarence Heatley. (va)
July 9, 2020 Mailed a copy of #2 Order, to Clarence Heatley, Reg. No. 39015-054, Talladega FCI, P.M.B. 1000, Talladega, AL 35160. (vn)
July 2, 2020 Transmission to Docket Assistant Clerk. Transmitted re: #2 Order to the Docket Assistant Clerk for case processing. (va)
July 2, 2020 Opinion or Order Filing 2 ORDER: The Clerk of Court is directed to mail a copy of this order to Heatley, noting service on the docket. The motion for counsel is denied without prejudice. The Clerk of Court is further directed to docket the motion for counsel (ECF 1) and this order in the criminal case, No. 96-CR-515-1, and in No. 15-CV-9574. Finally, the Clerk of Court is directed to administratively close this case. Because Heatley 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Loretta A. Preska on 7/2/2020) (va)
June 24, 2020 Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 1:96-cr-00515-LAP-1. Document filed by Clarence Heatley. (sac) (Main Document 1 replaced on 6/25/2020) (sac).
June 24, 2020 Case Designated ECF. (sac)
June 24, 2020 CASE ACCEPTED AS RELATED. Create association to 1:96-cr-00515-LAP. (sac)
June 24, 2020 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)

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Plaintiff: Clarence Heatley
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