DiTomasso v. United States of America
| Frank DiTomasso |
| United States of America |
| 1:2021cv07704 |
| September 13, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Valerie E Caproni |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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Filing 6
ORDER granting #5 Letter Motion for Extension of Time to File. Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/22/2021) (jca)
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Filing 5
LETTER MOTION for Extension of Time to File Submissions addressed to Judge Valerie E. Caproni from Jeffrey Pittell dated 10.22.21. Document filed by Frank DiTomasso..(Pittell, Jeffrey)
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Set/Reset Deadlines: Motions due by 12/13/2021. Responses due by 1/10/2022 Replies due by 1/18/2022. (jca)
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Filing 4
LETTER addressed to Judge Valerie E. Caproni from Frank DiTomasso dated 9/9/2021 re: I sent you a 2255 motion as I was directed to do, however I received mail from your court that I do not understand. Document filed by Frank DiTomasso.(jca)
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Filing 3
NOTICE OF APPEARANCE by Jeffrey G. Pittell on behalf of Frank DiTomasso..(Pittell, Jeffrey)
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Mailed a copy of #1 Order, to Frank DiTomasso, 69934-054 at F.C.I. Otisville, P.O. Box 1000, Otisville, NY 10963. (dsh) Modified on 9/15/2021 (dsh). Modified on 9/15/2021 (dsh).
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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: 14-cr-160 (VEC).Document filed by Frank DiTomasso.(rdz)
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Filing 1
ORDER: IT IS HEREBY ORDERED that the Court construes Mr. DiTomassos letter dated August 29, 2021, as a habeas petition filed pursuant to 28 U.S.C. 2255. IT IS FURTHER ORDERED that, pursuant to the Criminal Justice Act, 18 U.S.C. 3006A, the Clerk of Court is directed to assign counsel to Mr. DiTomasso for purposes of his habeas corpus petition. Upon doing so, the Clerk of Court is further directed to inform the Court of the name and contact information of the assigned counsel. IT IS FURTHER ORDERED that the newly assigned defense counsel must file a supplemental brief in support of his petition not later than October 29, 2021. If defense counsel requires more time, he or she may request an extension of this deadline from the Court. The Government must respond not later than November 24, 2021. Defendant may reply in further support of his motion not later than December 2, 2021. IT IS FURTHER ORDERED that the Clerk of Court send a copy of this order to Mr. DiTomasso at F.C.I. Otisville, P.O. Box 1000, Otisville, N.Y. 10963. (Signed by Judge Valerie E. Caproni on 9/13/21) (rdz) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. Modified on 9/15/2021 (rdz).
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Magistrate Judge Gabriel W. Gorenstein 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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Case Designated ECF. (rdz)
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| Plaintiff: Frank DiTomasso | |
| Represented By: | Jeffrey G. Pittell |
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| Defendant: United States of America | |
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