Rodriguez v. United States of America
| Jonathan Rodriguez |
| United States of America |
| 1:2020cv05751 |
| July 24, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul A Engelmayer |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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| Document Text |
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| Filing 12 NOTICE OF APPEAL from #11 Memo Endorsement. Document filed by Jonathan Rodriguez. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #12 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #12 Notice of Appeal filed by Jonathan Rodriguez were transmitted to the U.S. Court of Appeals. (tp) |
| Mailed a copy of #11 Memo Endorsement, to Jonathan Rodriguez at 22953-052, FCI Gilmer, P.O. Box 6000, Glenville, WV 26351. (dsh) |
Filing 11
MEMO ENDORSEMENT: on re: #10 Traverse filed by Jonathan Rodriguez. ENDORSEMENT: On July 29, 2020, the Court entered an order in this case calling for the Government's response to Mr. Rodriguez's 2255 motion by August 12, 2020. See Dkt. 5. That order further stated that as of August 12, Mr. Rodriguez's 2255 motion would be considered fully submitted. On August 18, 2020, the Court denied Mr. Rodriguez's 2255 motion on the grounds that it presented no colorable claim under either United States v. Davis, 139 S. Ct. 2319 (2019), or the First Step Act of 2018. See Dkt. 9. This letter, dated August 19, 2020, raises the same arguments rejected in the Court's August 18, 2020 order. Id. Accordingly, the Court reaffirms its August 18, 2020 ruling. This case remains closed. The Clerk of Court is respectfully directed to mail this order and the order at docket 9 to Mr. Rodriguez forthwith. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/28/2020) (ama) Transmission to Docket Assistant Clerk for processing.
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| Filing 10 PETITIONER'S TRAVERSE OPPOSING THE GOVERNMENT'S REPLY. Document filed by Jonathan Rodriguez. (sbr) |
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Filing 9
ORDER: Rodriguez's submission does not make any other coherent claim for relief. Nevertheless, in the course of reviewing Rodriguez's petition, the Court has considered the overall record of his case, including the record of his plea proceeding and sentencing. The Court has not found any infirmity in any proceedings in Rodriguezs case or any deficiency, let alone a prejudicial one, in Rodriguez's counsel's representation. The Clerk of Court is respectfully directed to terminate the motion pending at docket 1118 and to close case 20 Civ. 5751. (As further set forth in this Order.) The Court declines to issue a certificate of appealability and certifies that any appeal fromthis order would not be taken in good faith; therefore, in forma pauperis status is denied for thepurpose of an appeal. Coppedge v. United States, 369 U.S. 438, 445 (1962). (Signed by Judge Paul A. Engelmayer on 8/18/2020) (cf)
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| Filing 8 ANSWER to Complaint. Document filed by United States of America..(Estes, Jordan) |
| Filing 7 NOTICE OF APPEARANCE by Jordan Lancaster Estes on behalf of United States of America..(Estes, Jordan) |
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Filing 6
INFORMATION PACKAGE MAILED to Jonathan Rodriguez 22953-052, at FCI Gilmer P.O. Box 6000 Glenville, WV 26351, on 7/29/2020 Re: #5 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 5
ORDER: The Court, having concluded that the motion brought under 28 U.S.C. 2255, see Dkt. 1, should not be summarily denied as being without merit, hereby orders that the U.S. Attorney's Office shall file a response to the 2255 motion by August 12, 2020. Absent further order, the 2255 motion will be considered fully submitted as of that date. The Court has considered those factors and finds that the appointment of counsel is not warranted at this time. Accordingly, the motion for the appointment of counsel is denied without prejudice. Dkt. 3. Following receipt of the Government's response, the Court will determine whether there is good reason to appoint counsel for Mr. Rodriguez. The Clerk of Court is respectfully directed to notify the Criminal Division of the U.S. Attorney's Office for the Southern District of New York that this order has been issued. All further papers filed or submitted for filing must include the criminal docket number and will be docketed in the criminal case. (Signed by Judge Paul A. Engelmayer on 7/29/2020) (jwh) Transmission to Pro Se Assistants for processing.
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| Set/Reset Deadlines: Responses due by 8/12/2020 (jwh) |
| Filing 3 MOTION for Counsel. Document filed by Jonathan Rodriguez.(rdz) Modified on 7/28/2020 (sac). |
| Filing 2 PETITIONER'S Supplement to his Motion Pursuant to 28 U.S.C. 2255. Document filed by Jonathan Rodriguez. (rdz) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 15-cr-445 (PAE).Document filed by Jonathan Rodriguez.(rdz) Modified on 7/24/2020 (rdz). (Main Document 1 replaced on 7/27/2020) (rdz). |
| Case Designated ECF. (rdz) |
| Magistrate Judge Sarah Netburn 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. (rdz) |
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