Rodriguez v. United States of America
| Juan Rodriguez |
| United States of America |
| USA |
| 1:2021cv00471 |
| January 19, 2021 |
| 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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Filing 6
ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Ken Womble dated 3/4/2021 re: Having cured this misunderstanding, Mr. Rodriguez seeks, throughcounsel, to request leave of the Court to withdraw his pending 2255 motion. ENDORSEMENT: Granted. In light of Mr. Rodriguez's decision to withdraw his 2255 motion, the Court dismisses that motion without prejudice. The Clerk of Court is respectfully directed to terminate the motion pending at docket 150 in 12 Cr. 790 and to close civil case No. 21 Civ. 471. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/4/2021) (jca)
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Filing 5
ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Ken Womble dated 2/16/2021 re: On February 12, 2021, Your Honor reappointed me as CJA counsel to represent Mr. Rodriguez on a renewed compassionate release/sentence reduction motion. On January 19, 2021, Mr. Rodriguez submitted a pro se 2255 motion that is currently pending before the Court. I am requesting that the Court hold Mr. Rodriguez 2255 motion in abeyance and allow me the opportunity to speak with Mr. Rodriguez to determine if he intends to move forward with his motion. Should he decide to move forward with his 2255 motion, I would ask the Courts permission to file a supplemental 2255 motion if deemed appropriate. ENDORSEMENT: The Court appreciates this update. The Court, however, declines at this time to alter the present schedule, under which the Government is to file its opposition to Rodriguezs 2255 motion on March 29, 2021, some six weeks from now. In the event that Rodriguez, with counsels assistance, determines to seek leave of the Court to amend or withdraw that motion, he is to do so by March 15, 2021. SO ORDERED., (Motions due by 3/15/2021, Responses due by 3/29/2021) (Signed by Judge Paul A. Engelmayer on 2/17/2021) (jca)
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Filing 4
HABEAS PACKAGE MAILED to Juan Rodriguez 67552-054 Federal Correctional Institution 33 1/2 Pembrok Rd Danbury, CT 06811, at, on 1/29/2021 Re: #3 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 3
ORDER TO ANSWER 28 U.S.C. 2255: The Court, having concluded that the motion brought under 28 U.S.C. 2255 should not be summarily denied 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 60 days of the date of this order, the U.S. Attorney's Office shall file an answer or other pleading 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. Movant requests the appointment of counsel. There is no constitutional right to counsel in a proceeding brought under 2255. The Criminal Justice Act ("CJA") provides that a court may appoint counsel to an indigent person in a 2255 proceeding when "the interests of justice so require." 18 U.S.C. 3006A(a)(2)(B). In deciding whether to exercise its discretion to appoint counsel under the CJA, courts in this circuit consider the same factors as those applicable to requests for pro bono counsel made by civil litigants. See e.g., Zimmerman v. Burge, 492 F. Supp. 2d 170, 176 n.1 (E.D.N.Y. 2007) (citing Cooper v. A. Sargenti Co., 877 F.2d 170, 172 (2d Cir. 1989)). Those factors include the likelihood of success on the merits, the complexity of the legal issues, and the movant's ability to investigate and present the case. See Cooper, 877 F.2d at 172; Hodge v. Police Officers, 802 F.2d 58, 6162 (2d Cir. 1986). The Court has considered those factors and finds that the appointment of counsel is not warranted at this time. Accordingly, Movant's request for the appointment of counsel is denied without prejudice. Movant may file a motion for the appointment of counsel at a later date. The Clerk of Court is respectfully directed to mail a copy of this order to defendant. (Signed by Judge Paul A. Engelmayer on 1/28/2021) (jwh) Transmission to Pro Se Assistants for processing.
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| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 12-cr-790 (PAE).Document filed by Juan Rodriguez..(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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