Jean v. United States of America

Plaintiff: Maxo Jean
Defendant: United States of America
Case Number: 1:2020cv07569
Filed: September 9, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Denny Chin
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28 U.S.C. § 2255
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 2, 2020 Filing 2 MANDATE of USCA (Certified Copy) as to Maxo Jean. USCA Case Number 20-2309. Petitioner moves for leave to file a successive 28 U.S.C. 2255 motion. Upon due consideration, it is hereby ORDERED that the motion is DENIED as unnecessary. It is further ORDERED that the matter is TRANSFERRED to the district court for consideration of Petitioner's claims as nonsuccessive. See Whab v. United States, 408 F.3d 116, 120 (2d Cir. 2005); 28 U.S.C. 1631. We note that Petitioner previously filed a document in the district court presenting claims similar to those in the present motion, which that court construed as a 2255 motion and transferred to this Court as successive. See S.D.N.Y. 13-cr-280, doc. 98. However, the new claims are not successive.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/2/2020. [This document also entered in case: 13-cr-280]..(nd)
September 9, 2020 Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 1:13-cr-00280-DC-1. Document filed by Maxo Jean. (Attachments: #1 Order of USCA) (sac)
September 9, 2020 CASE ACCEPTED AS RELATED. Create association to 1:13-cr-00280-DC. (sac)
September 9, 2020 Magistrate Judge Robert W. Lehrburger 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)
September 9, 2020 Case Designated ECF. (sac)

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Plaintiff: Maxo Jean
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Defendant: United States of America
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