Buleishvili v. United States of America
| Giorgi Buleishvili |
| United States of America |
| 1:2020cv05626 |
| July 21, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Ronnie Abrams |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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| Document Text |
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| Filing 9 LETTER by Giorgi Buleishvili addressed to Judge Ronnie Abrams dated 7/17/2020, re: Request for Decision on Appointment of Pro-Bono Counsel. Document filed by Giorgi Buleishvili. (Original document filed in 1:14-cr-00773-RA-11, Dkt. 477) (sac) |
| Filing 8 MEMO ENDORSEMENT as to Giorgi Buleishvili on re: #7 Letter, filed by Giorgi Buleishvili...ENDORSEMENT...Application granted. Due to this extension request, the Government's opposition is now due on August 21, 2020 (Government Responses due by 8/21/2020). (Signed by Judge Ronnie Abrams on 7/10/2020) (Original document filed in 1:14-cr-00773-RA-11, Dkt. 476) (sac) |
| Filing 7 LETTER by Giorgi Buleishvili addressed to Judge Ronnie Abrams dated July 7, 2020 re: Request for Extension of Time to submit 2255 Motion. Please note that the Court ordered that my brief in support of the 2255 motion was due on or before July 10, 2020. I would respectfully request and additional two weeks until July 24, 2020 to prepare this motion. Document filed by Giorgi Buleishvili. (Original document filed in 1:14-cr-00773-RA-11, Dkt. 475) (sac) |
| Filing 6 LETTER by Giorgi Buleishvili addressed to Judge Ronnie Abrams dated July 2, 2020 re: Request for Pro-Bono Criminal Representation Re: 2255 Motion File No. 14-cr-773(RA)-SDNY / Explanation of Claims. Document filed by Giorgi Buleishvili. (Original document filed in 1:14-cr-00773-RA-11, Dkt. 474) (sac) |
Filing 5
MEMO ENDORSEMENT as to Giorgi Buleishvili on re: #4 LETTER by Giorgi Buleishvili addressed to Judge Ronnie Abrams re: Request for Pro-Bono Criminal Representation Re: 2255 Motion. I consent to the recharacterization of my claim to a 2255 motion. I would like to renew my request that the Court appoint counsel. I am attaching a financial affidavit and requests that I made to two legal organizations to assist me. Both of the legal organizations have said that they can not help me. I do not have the funds to retain an attorney. ENDORSEMENT: On May 20, 2020, the Court denied Mr. Buleishvili's request for appointment of pro bono appellate counsel, as well as pro bono counsel "to assist him in deciding whether to convert the claim raised in his April 22nd motion to a habeas motion and then potentially with bringing that motion." Dkt. 471. In that same order, the Court stated that Mr. Buleishvili could renew his application for pro bono counsel "if additional grounds for the application are presented to the Court." Id. Although Mr. Buleishvili has submitted some information bearing on his efforts to obtain a lawyer and his financial status, he has not provided any information regarding the merits of motion. This information is critical because, as the Second Circuit has explained, appointing "counsel is often unwarranted where the indigent's chances of success are extremely slim." Hodge v. Police Officers, 802 F.2d 58, 60 (2d Cir. 1986). Accordingly, Mr. Buleishvili's claim is again denied without prejudice. Now that Mr. Buleishvili has agreed to recharacterize his claim that he failed to file a notice of appeal because of ineffective assistance of counsel as a Section 2255 motion, he has until July 10, 2020 to supplement his claim with information that might assist the Court in analyzing and resolving this matter. See Dkt. 471. The Government's opposition remains due on August 7, 2020. (Motions due by 7/10/2020. Responses due by 8/7/2020) (Signed by Judge Ronnie Abrams on 6/24/2020) (Original document filed in 1:14-cr-00773-RA-11, Dkt. 473) (sac)
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| Filing 4 LETTER by Giorgi Buleishvili addressed to Judge Ronnie Abrams re: Request for Pro-Bono Criminal Representation Re:2255 Motion. I consent to the recharacterization of my claim to a 2255 motion. I would like to renew my request that the Court appoint counsel. I am attaching a financial affidavit and requests that I made to two legal organizations to assist me. Both of the legal organizations have said that they can not help me. I do not have the funds to retain an attorney. Document filed by Giorgi Buleishvili. (Original document filed in 1:14-cr-00773-RA-11, Dkt. 472) (sac) |
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Filing 3
ORDER as to Giorgi Buleishvili: ORDER as to Giorgi Buleishvili: In accordance with this Order, the Court will extend Mr. Buleishvili's time to inform the Court whether he consents to the recharacterization of his claim as a 2255 motion to June 19, 2020. If Mr. Buleishvili consents, he has until July 10, 2020 to supplement his claim. Any Government opposition is now due August 7, 2020. As the Court noted in its April 27th Order, if Mr. Buleishvili does not consent to the recharacterization of his claim as a 2255 motion, the Court will deny the claim raised in his April 22nd letter. Dkt. 458. SO ORDERED. (Responses due by 8/7/2020) (Signed by Judge Ronnie Abrams on 5/20/2020) (Original document filed in 1:14-cr-00773-RA-11, Dkt. 471) (sac)
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| Filing 2 LETTER by Giorgi Buleishvili addressed to Judge Ronnie Abrams re: Notice of Appeal. Document filed by Giorgi Buleishvili. (Original document filed in 1:14-cr-00773-RA-11, Dkt. 470) (sac) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 1:14-cr-00773-RA-11. Document filed by Giorgi Buleishvili. (Attachments: #1 (Dkt. 462) Order) (sac). |
| Case Designated ECF. (sac) |
| Magistrate Judge James L. Cott 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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