Gomez v. United States of America
| Carlos Gomez |
| United States of America |
| 1:2021cv03156 |
| April 5, 2021 |
| US District Court for the Southern District of New York |
| Sidney H Stein |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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Filing 5
INFORMATION PACKAGE MAILED to Carlos Gomez, Reg. No. 41128-054, at U.S.P. Tuscon, P.O. Box 24550 Unit -A-1, Tuscon, AZ 85734, on 4/26/2021 Re: #4 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. (sha)
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Filing 4
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 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. The Clerk of Court is directed to send a copy of this Order to Mr. Gomez [41128-054] at USP Tucson, U.S. Penitentiary, P.O. Box 24550, Tucson, AZ 85734. All further papers filed or submitted for filing must include the criminal docket number and will be docketed in the criminal case. SO ORDERED. USP Tucson, U.S. Penitentiary, P.O. Box 24550, Tucson, AZ 85734. 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 Judge Sidney H. Stein on 4/26/2021) (rjm) Transmission to Pro Se Assistants for processing.
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Filing 2
MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 1:97-cr-00696-SHS-2. Document filed by Carlos Gomez. (Attachments: #1 U.S.C.A. Appointment of Counsel) (sac)
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Filing 1
ORDER of USCA (Certified Copy) as to Carlos Gomez. USCA Case Number 19-4145. Petitioner moves for leave to file a successive 28 U.S.C. 2255 motion, primarily based on United States v. Davis, 139 S. Ct. 2319 (2019). Petitioner argues, inter alia, that his 18 U.S.C. 924(c) conviction is no longer supported by a valid predicate after Davis. Upon due consideration, it is hereby ORDERED that the stay previously entered by this Court is lifted, Petitioner's motion for leave to file a successive 2255 motion is GRANTED, and this proceeding is TRANSFERRED to the district court. See 28 U.S.C. 1631. Petitioner has made a prima facie showing that the proposed 2255 motion satisfies the requirements of 2255(h). Bell v. United States, 296 F.3d 127, 128 (2d Cir. 2002) (per curiam) (discussing prima facie standard). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Certified: 04/05/2021. Document filed by Carlos Gomez. (sac)
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Magistrate Judge Debra C. Freeman 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)
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Case Designated ECF. (sac)
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CASE ACCEPTED AS RELATED. Create association to 1:97-cr-00696-SHS. (sac)
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| Plaintiff: Carlos Gomez | |
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