Sabella v. United States of America
| Joseph Sabella |
| United States of America |
| 1:2020cv05498 |
| July 16, 2020 |
| US District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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Filing 7
ENDORSED LETTER addressed to Judge Hellerstein from Jason M. Swergold dated 7/30/2020 re: Government requests that the Court enter the proposed Order submitted herewith. In addition, should the petitioner waive the attorney-client privilege, the Government respectfully requests that it be permitted to file its opposition to the 2255 Motion within 30 days of when it receives a sworn statement from Mr. Corozzo. ENDORSEMENT: The government's proposed order will be entered separately. The government's other request is granted; if Sabella waives attorney-client privilege, the government will have 30 days from its receipt of Mr. Corozzo's sworn statement to file its opposition. This order shall be docketed in both 18 Cr. 15 and 20 Civ. 5498. (Signed by Judge Alvin K. Hellerstein on 7/30/2020) (nb) Modified on 7/31/2020 (nb).
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Filing 6
Order RE: ATTORNEY-CLIENT PRIVILEGE WAIVER (INFORMED CONSENT): IT IS HEREBY ORDERED that Counsel shall give sworn testimony, in the form of an affidavit, addressing the allegations of ineffective assistance of counsel made by movant; and it is further ORDERED that Joseph Sabella execute and return to this court within 60 days from today's date the accompanying Attorney-Client Privilege Waiver (Informed Consent) form. If the document is not received by the court within 60 days from today's date, the court will deny the 2255 motion, on the ground that the movant failed to authorize the disclosure of information needed to permit the Government to respond to the motion. (Signed by Judge Alvin K. Hellerstein on 7/30/2020) (nb) Modified on 7/30/2020 (nb). Modified on 7/31/2020 (nb).
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Filing 4
INFORMATION PACKAGE MAILED to Joseph Sabella Reg. No. 70708-053, at Williamsburg - FCI P.O. Box 340 Salters, SC 29590, on 7/20/2020 Re: #3 Order to Answer, via REGULAR MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (bwa)
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Filing 3
ORDER TO ANSWER. The Court, having concluded that the motion brought under 28 U.S.C. 2255 should not be summarily denied as being without merit, hereby ORDERS that: The Clerk of Court shall electronically notify the Criminal Division of the U.S. Attorney's Office for the Southern District of New York that this order has been issued. Within thirty (30) days of the date of this order, the U.S. Attorney's Office shall file an answer or other pleading in response to the motion. Movant shall have twenty (20) days from the date on which Movant is served with Respondent's answer to file a response. Absent further order, the motion will be considered fully submitted as of that date. 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 Alvin K. Hellerstein on 7/20/20) (yv) Transmission to Pro Se Assistants for processing.
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Filing 5
AMENDED MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 1:18-cr-00015-AKH-3. Document filed by Joseph Sabella. (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: 1:18-cr-00015-AKH-3. Document filed by Joseph Sabella. (sac)
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Case Designated ECF. (sac)
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Magistrate Judge Stewart D. Aaron 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: Joseph Sabella | |
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