O'Berry v. United States of America
| Laquan O'Berry |
| United States of America |
| 1:2020cv06267 |
| August 10, 2020 |
| US District Court for the Southern District of New York |
| 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 6 AUTHORIZATION. I hereby authorize my former attorney, Avrom Robin, Esq., to comply with the Court's Order by giving testimony, in the form ordered by the Court, relating to my motion set aside my conviction on the ground of ineffective assistance of counsel etc. Document filed by Laquan O'Berry. (sc) |
| Mailed a copy of #5 Order, to Laquan O'Berry, Reg. No. 77525-054 at MDC Brooklyn, P.O. Box 329002, Brooklyn, NY 11232. (dsh) |
Filing 5
ORDER: 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 the Government shall notify the Court upon receipt of Counsel's affidavit and shall have 30 days thereafter to respond to Petitioners motion; and it is further ORDERED that Petitioner shall execute and return to this Court within 45 days from today's date the accompanying "Attorney-Client Privilege Waiver (Informed Consent)" form. If the document is not received by the Court within 45 days from today's date, the court may deny the 2255 motion on that basis. The Clerk of Court is respectfully directed to mail a copy of this Order and the attached waiver form to Mr. O'Berry. (As further set forth in this Order.) (Signed by Judge Paul A. Engelmayer on 9/4/2020) (cf) Transmission to Docket Assistant Clerk for processing.
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Filing 4
ORDER re: #1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Laquan O'Berry. Pursuant to the mandate of the U.S. Court of Appeals for the Second Circuit, the Government is directed to file an opposition to Mr. O'Berry's 2255 motion-alleging ineffective assistance of counsel and seeking reinstatement of his right to file a direct appealby August 21, 2020. SO ORDERED., ( Responses due by 8/21/2020) (Signed by Judge Paul A. Engelmayer on 8/14/20) (yv)
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| Filing 3 UNITED STATES COURT OF APPEAL FOR THE SECOND CIRCUIT MOTION INFORMATION SHEET re: #1 Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by Laquan O'Berry..(gp) |
| Filing 2 BRIEF re: #1 Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by Laquan O'Berry..(gp) |
| 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-277 (PAE).Document filed by Laquan O'Berry..(gp) |
| Case Designated ECF. (gp) |
| 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. (gp) |
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| Respondent: United States of America | |
| Represented By: | Nicholas William Chiuchiolo |
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| Petitioner: Laquan O'Berry | |
| Represented By: | Elizabeth Martin Johnson |
| Represented By: | Avrom Jerome Robin |
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