Heatley v. United States of America
Clarence Heatley |
United States of America |
1:2020cv04854 |
June 24, 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
This docket was last retrieved on August 7, 2020. A more recent docket listing may be available from PACER.
Document Text |
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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) |
Filing 3 MOTION to Amend/Correct #1 Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by Clarence Heatley. (va) |
Mailed a copy of #2 Order, to Clarence Heatley, Reg. No. 39015-054, Talladega FCI, P.M.B. 1000, Talladega, AL 35160. (vn) |
Transmission to Docket Assistant Clerk. Transmitted re: #2 Order to the Docket Assistant Clerk for case processing. (va) |
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) |
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). |
Case Designated ECF. (sac) |
CASE ACCEPTED AS RELATED. Create association to 1:96-cr-00515-LAP. (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) |
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Plaintiff: Clarence Heatley | |
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Defendant: United States of America | |
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