Abreu v. United States of America
| Edward Abreu |
| United States of America |
| 1:2021cv10122 |
| November 29, 2021 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #6 Notice of Appeal filed by Edward Abreu were transmitted to the U.S. Court of Appeals. (tp)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #6 Notice of Appeal. (tp)
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Filing 6
NOTICE OF APPEAL from #5 Memorandum & Opinion. Document filed by Edward Abreu. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Original Document Entered in Criminal Case #20-cr-0052-2, Doc. #392) (tp)
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Filing 5
MEMORANDUM OPINION AND ORDER: Abreu's November 22, 2021 petition for a writ of habeas corpus is denied. The petitioner has not made a substantial showing of a denial of a federal right and, therefore, a certificate of appealability shall not be granted. Hoffler v. Bezio, 726 F. 3d 144, 154 (2d Cir. 2013); Tankleff v. Senkowski, 135 F. 3d 235, 241 (2d Cir. 1998); Rodriguez v. Scully, 905 F. 2d 24, 24 (2d Cir. 1990). Pursuant to 28 U.S.C. 1915 (a)(3), any appeal from this Opinion and Order would not be taken in good faith. Coppedge v. United States, 369 U.S. 438, 445 (1962). The Clerk of Court shall close the case. Copies Mailed By Chambers To: Edward Abreu, 76416-054, FCI Fort Dix, P.O. Box 2000, Joint Base MDL, NJ 08640. (Signed by Judge Denise L. Cote on 12/13/2021) Copies Mailed By Chambers. (vfr)
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Filing 4
HABEAS PACKAGE MAILED to Edward Abreu 76416-054 F.C.I. - Fort Dix P.O. Box 2000 Joint Base MDL, NJ 08640, at, on 12/1/2021 Re: #3 Order. 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. (aan)
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Filing 3
ORDER: The Court, having concluded that the motion brought under 28 U.S.C. 2255 should not be summarily dismissed as being without merit, it is hereby ORDERED 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. IT IS FURTHER ORDERED that all further papers filed or submitted for filing must include the criminal docket number and will be docketed in the criminal case. IT IS FURTHER ORDERED that any response to this motion is stayed pending further Order of this Court. SO ORDERED. (Signed by Judge Denise L. Cote on 11/30/2021) (sac)
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Transmission to Pro Se Assistants. Transmitted re: #3 Order, to the Pro Se Assistants for processing. (sac)
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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: 1:20-cr-00052-DLC-2. Document filed by Edward Abreu. (sac)
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Case Designated ECF. (sac)
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Magistrate Judge Stewart D. Aaron 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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