Nunez v. United States of America et al
| Starlin Nunez |
| United States of America and Joseph Spano |
| 1:2021cv09755 |
| November 17, 2021 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on December 14, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 4 LETTER addressed to Judge Valerie E. Caproni from Starling Nunez, dated 12/6/21 re: "NEVER RECEIVED THE FORM/APPLICATION/ DECLARATION FORM. Document filed by Starlin Nunez.(sc) |
| Request for Copy of Declaration form Received: Re #4 Letter. Request for copy of Declaration form(to be done in response to Order To Show Cause) from Starling Nunez received on 12/14/21. Transmission to Pro Se Assistants for processing. (sc) |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Declaration Form to Starlin Nunez, P-258314 at W.C.D.O.C. P.O. Box 10 Valhalla, NY 10595 on 12/14/2021. (sha) |
Filing 3
ORDER: Movant's application is construed as a Motion under 28 U.S.C. 2255. No later than January 28, 2022, Movant must either notify the Court in writing if he wishes to withdraw the motion, or, if Movant chooses not to withdraw his motion, file a declaration showing cause why the motion should not be dismissed as time-barred. For Movant's convenience, a declaration form is attached to this order. If Movant files a declaration within the time allowed, the Court will review it, and if proper, order that the motion be served on Respondent. If Movant fails to comply with this order, and cannot show good cause to excuse such failure, the motion will be denied as time-barred. No answer will be required at this time. Because Movant has not at this time made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. The Court certifies under 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 of Court is respectfully directed to mail a copy of this Order to Mr. Nunez at Starlin Nunez, P-258314, W.C.D.O.C., P.O. Box 10, Valhalla, NY 10595. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/29/2021) (ks) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #3 Order, to Starlin Nunez at P-258314, W.C.D.O.C., P.O. Box 10, Valhalla, NY 10595. (dsh) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 1:17-cr-00438-VEC-1. Document filed by Starlin Nunez. (Attachments: #1 Order (21-cv-9557)) (sac) |
| Case Designated ECF. (sac) |
| Magistrate Judge Barbara C. Moses 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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