Murphy v. United States of America
| Derick Murphy |
| United States of America |
| 1:2021cv00112 |
| January 5, 2021 |
| US District Court for the Southern District of New York |
| Sarah Netburn |
| Jed S Rakoff |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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Filing 9
ORDER: re Attorney-Client privilege Waiver (informed Consent) IT IS HEREBY ORDERED that Derick Murphy execute and return the accompanying "Attorney- Client Privilege Waiver (Informed Consent)" form within 45 days from today's date If the document is not received by the Court within 45 days, the Court will deny the 225 motion, on the ground that the movant failed to authorize the disclosure of information needed to permit the Government to respond to the motion; and it is further ORDERED that Counsel, within 30 days of the filing of Mr. Murphy's waiver form, shall give sworn testimony, in the form of an affidavit, addressing the allegations of ineffective assistance of counsel made by movant. Respectfully, the Clerk of Court is directed to mail a copy of this Order to the petitioner. So Ordered. (Signed by Magistrate Judge Sarah Netburn on 2/22/2021) (js) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #9 Order to Derick Murphy, Reg. No. 76240-054 at U.S.P. Canaan, P.O. Box 300, Waymart, PA 18472. (kh) |
| Filing 8 LETTER addressed to Magistrate Judge Sarah Netburn from USA dated 2/16/2021 re: 2255 Petition. Document filed by United States of America. (Attachments: #1 Text of Proposed Order Order re: AC Waiver).(Castellano, Gina) |
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Filing 7
HABEAS PACKAGE MAILED to Derick Murphy Reg. No. 76240-054 U.S.P. Canaan P.O. Box 300 Waymart, PA 18472, at, on 2/11/2021 Re: #6 Order to Answer. 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. (aan)
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Filing 6
ORDER: The Court, having concluded that the motion brought under 28 U.S.C. 2255 should not be summarily dismissed as being without merit, 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 sixty 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 thirty 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 Magistrate Judge Sarah Netburn on 2/11/2021) (js) Transmission to Pro Se Assistants for processing.
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| Filing 4 NOTICE OF APPEARANCE by Gina Marie Castellano on behalf of United States of America..(Castellano, Gina) |
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Filing 3
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation) Particular Motion: 28 U.S.C. Section 2255. Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Jed S. Rakoff on 1/7/2021) (jwh)
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| Filing 2 MEMORANDUM OF LAW in Support re: #1 Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by Derick Murphy. (sac) |
| 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-00848-JSR-1. Document filed by Derick Murphy. (sac) |
| 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. (sac) |
| Case Designated ECF. (sac) |
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| Defendant: United States of America | |
| Represented By: | Gina Marie Castellano |
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| Plaintiff: Derick Murphy | |
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