Walker v. United States of America
| Kevin Walker |
| United States of America |
| 1:2021cv07887 |
| September 21, 2021 |
| US District Court for the Southern District of New York |
| Katharine H Parker |
| Jed S Rakoff |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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Filing 12
ORDER: Plaintiff has filed a motion, dated November 9, 2021, asserting that Defendant has failed to timely file its answer and requests that the Court deny any extension that the Defendant may seek. (ECF No. 11.) However, the Court's Order entered on September 24, 2021 provided the Defendant 60 days to file its answer, until November 23, 2021. (ECF No. 4.) Accordingly, Plaintiffs motion is premature and hereby DENIED. Plaintiff has also advised the Court that he currently does not have access to the law library. In light of such difficulties, Plaintiff shall have 90 days from the filing of Defendant's answer to submit any responsive pleading. The Clerk of Court is requested to mail a copy of this order to the pro se Plaintiff. SO ORDERED. ( Responses due by 11/23/2021) (Signed by Magistrate Judge Katharine H. Parker on 11/18/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #12 Order, Set Deadlines, to Kevin Walker, ID: 75832-054 at USP - Canaan, P.O. Box 300, Waymart, PA 18472. (dsh) |
| Filing 11 NOTICE (OF MOTION) re: #7 Order on Motion for Extension of Time to File Response/Reply. Plaintiff has not received any Answer to Complaint as of today, No. 9, 2021, Defendants was ordered to Answer Complaint by October 24, 2021.Plaintiff notified this Court that he is not allowed Law Library services. So Plaintiff would humbly ask that in the event that this Court allows an extensionto Defendants to answer said Complaint, Plaintiff request that either an extension of time be granted for Plaintiff to file a response to the Defendants Answer when Plaintiff is RELEASED out of Administrative Detention back to General Population. Document filed by Kevin Walker. (Attachments: #1 Declaration) (sac) |
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Filing 10
ORDER re: Attorney-Client Privilege Waiver granting #9 Letter Motion for Leave to File Document. IT IS HEREBY ORDERED that Counsel shall give sworn testimony, in the form of an affidavit, addressing the allegations of ineffective assistance of counsel made by the petitioner. (Signed by Magistrate Judge Katharine H. Parker on 10/14/21) (yv) Modified on 10/14/2021 (yv).
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| Filing 9 LETTER MOTION for Leave to File Proposed Order re Attorney Affidavit addressed to Magistrate Judge Katharine H. Parker from Jordan Estes dated October 13, 2021. Document filed by United States of America. (Attachments: #1 Exhibit A).(Estes, Jordan) |
| Filing 8 NOTICE OF APPEARANCE by Jordan Lancaster Estes on behalf of United States of America..(Estes, Jordan) |
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Filing 7
ORDER denying #6 Motion for Extension of Time to File Response/Reply re #6 MOTION for Extension of Time to File Response/Reply. Plaintiff has filed a motion, dated October 1, 2021, seeking an extension to file its reply to the Government's answer. Plaintiff's reply in support of his petition is currently due on December 24, 2021; that is, 30 days after the government's answer to the petition. Plaintiff shall file a letter with the Court by November 30, 2021 advising it whether Plaintiff needs additional time to file a response to the Government's answer. Accordingly, Plaintiff's motion for an extension is denied. The Clerk of Court is requested to mail a copy of this order to the pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 10/7/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #7 Order on Motion for Extension of Time to File Response/Reply, to Kevin Walker, ID: 75832-054, USP - Canaan, P.O. Box 300, Waymart, PA 18472. (dsh) |
| Filing 6 NOTICE OF MOTION FOR AN EXTENSION OF TIME, re: for Extension of Time to File Response/Reply to Defendant's Answer. Document filed by Kevin Walker.(sc) |
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Filing 5
INFORMATION PACKAGE MAILED to Kevin Walker, ID: 75832-054, at USP - Canaan, P.O. Box 300, Waymart, PA 18472, on 9/27/2021 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 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 30 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. The Court respectfully requests that the Clerk of Court mail a copy of this Order to the Plaintiff. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/24/2021) (vfr) Transmission to Pro Se Assistants for processing.
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Filing 2
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Habeas Corpus. Referred to Magistrate Judge Katharine H. Parker. (Signed by Judge Jed S. Rakoff on 9/23/2021) (kv)
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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: 1:16-cr-00567-JSR-1. Document filed by Kevin Walker. (sac) |
| Case Designated ECF. (sac) |
| Magistrate Judge Katharine H. Parker 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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| Plaintiff: Kevin Walker | |
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| Defendant: United States of America | |
| Represented By: | Jordan Lancaster Estes |
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