Fernandez v. United States of America
Plaintiff: Joe Fernandez
Defendant: United States of America
Case Number: 1:2020cv05539
Filed: July 17, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Alvin K Hellerstein
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28:2255
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 14, 2020 Filing 8 MOTION SEEKING AN EXTENSION OF TIME IN WHICH TO FILE A TRAVERSE TO RESPONDENT'S ANSWER. Document filed by Joe Fernandez.(sc)
September 13, 2020 Filing 7 NOTICE OF APPEARANCE by Randa Dea Maher on behalf of Joe Fernandez..(Maher, Randa)
September 9, 2020 Opinion or Order Filing 6 MEMO ENDORSED ORDER granting #5 Motion to Appoint Counsel. ENDORSEMENT: Motion granted. Counsel shall be appointed from the CJA habeas panel. Counsel has 60 days to file its reply. (Signed by Judge Alvin K. Hellerstein on 9/9/20) (yv)
September 4, 2020 Filing 5 MOTION TO APPOINT COUNSEL UNDER 18:3006(a)(2)(B). Document filed by Joe Fernandez.(sc)
July 24, 2020 Opinion or Order Filing 4 INFORMATION PACKAGE MAILED to Joe Fernandez Reg. No. 91773-054, at Canaan USP P.O. Box 300 Waymart, PA 18472, on 7/24/2020 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)
July 24, 2020 Opinion or Order Filing 3 ORDER 28 U.S.C. 2255. The Court 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 days of the date of this order, the U.S. Attorney's Office shall file an answer or other pleadings in response to the motion. Movant shall have twenty 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 7/24/20) (yv) Transmission to Pro Se Assistants for processing. Modified on 7/24/2020 (yv).
July 17, 2020 CASE ACCEPTED AS RELATED. Create association to 1:10-cr-00863-AKH. (sac)
July 17, 2020 Magistrate Judge Katharine H. Parker 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)
July 17, 2020 Case Designated ECF. (sac)
July 17, 2020 Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 1:10-cr-00863-AKH-5. Document filed by Joe Fernandez. (Attachments: #1 Order of USCA, #2 Mandate of USCA) (sac)

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Defendant: United States of America
Represented By: Russell Capone
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Plaintiff: Joe Fernandez
Represented By: Randa Dea Maher
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