Casas v. United States of America
| Jose Casas |
| United States of America |
| 1:2021cv08414 |
| October 8, 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 3
ORDER: IT IS HEREBY ORDERED that Mr. Casas's petition for a writ of habeas corpus is STAYED. The Court treats Mr. Casas's application as a motion for certification under 28 U.S.C. 2255(h). Because any motion for certification under 28 U.S.C. 2255(h) must be presented to and decided by the Court of Appeals, the Clerk of Court is respectfully directed to refer this motion to the Clerk of Court of the U.S. Court of Appeals for the Second Circuit. The Clerk is further directed to close the open motions at docket entries 41 and 42 in 03-CR-631. The Clerk is further directed to close the case 21-CV-8414. If the Court of Appeals authorizes Mr. Casas to proceed in this matter, he shall move to reopen the civil case under docket number 21-CV-8414. As the motion makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk is further directed to mail a copy of this Order to Jose Casas, Reg. No. 55866-019, CI Big Spring (Flightline), Correctional Institution, 2001 Rickabaugh Drive, Big Spring, TX 79720. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/13/2021) (mml) Transmission to Appeals Clerk. Transmission to Docket Assistant Clerk for processing.
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| Non-Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Non-Appeal Electronic Files for #3 Order were transmitted to the U.S. Court of Appeals..(nd) |
| Mailed a copy of #3 Order Staying Case to Jose Casas, 55866-019 at Correctional Institution (Flightline), P.O. Box 3470, Big Spring, TX 79720. (kh) |
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Filing 2
ORDER: WHEREAS on September 29, 2021, Mr. Casas filed a motion for clarification of judgment and/or a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2255, see Petition, Dkt. 42; and WHEREAS the Court construes Mr. Casas's motion as a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2255; IT IS HEREBY ORDERED that the Clerk of Court is directed to open a parallel civil case for Mr. Casas's habeas petition. The document at 03-CR-631, Dkt. 42, should be docketed as docket entry 1 in the new civil case. (Signed by Judge Valerie E. Caproni on 10/8/21) (rdz) Transmission to Docket Assistant Clerk 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: 03-cr-631 (VEC).Document filed by Jose Casas..(rdz) |
| CASE ACCEPTED AS RELATED. Create association to 1:03-cr-00631-VEC. (rdz) |
| Case Designated ECF. (rdz) |
| Magistrate Judge James L. Cott 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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| Plaintiff: Jose Casas | |
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