Martinez v. United States of America
| Noel Martinez |
| United States of America |
| 1:2021cv10445 |
| December 2, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Laura Taylor Swain |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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Filing 9
ORDER granting #8 Letter Motion for Extension of Time. The requested extension of time is granted. Counsel shall file Petitioner's amendment to the petition by March 9, 2022, and the response and reply deadlines are extended accordingly. DE#8 in case no. 21-cv-10445 and DE#457 in case no. 18-cr-319 are resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/27/2022) (jca)
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| Filing 8 LETTER MOTION for Extension of Time and providing a status report addressed to Judge Laura Taylor Swain from Jeffrey Pittell dated 1.26.22. Document filed by Noel Martinez..(Pittell, Jeffrey) |
| Filing 7 NOTICE OF APPEARANCE by Jeffrey G. Pittell on behalf of Noel Martinez..(Pittell, Jeffrey) |
| Filing 6 SEALED DOCUMENT placed in vault.(nmo) |
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Filing 5
INFORMATION PACKAGE MAILED to Noel Martinez, Reg. No. 86111-054, at Canaan USP, P.O. Box 300, Waymart, PA 18472, on 12/8/2021 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 dismissed 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 sixty days of the date of this order, Mr. Martinezs appointed counsel is directed to file an amended section 2255 motion setting forth all his grounds for relief and any supporting facts. Within sixty days of the date of Mr. Martinezs amended section 2255 motion, the U.S. Attorneys Office shall file an answer or other pleadings in response to the motion. Movant shall have thirty days from the date on which Movant is served with Respondents answer to file a reply. 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. Chambers will mail a copy of this Order to Mr. Martinez. (Signed by Judge Laura Taylor Swain on 12/8/2021) Copies Mailed By Chambers. (rro) Transmission to Pro Se Assistants for processing.
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Filing 3
ORDER APPOINTING COUNSEL granting #2 Motion to Appoint Counsel. The Court, having considered the factors set forth in Hodge v. Police Officers, 802 F.2d 58 (2d Cir. 1985), concludes that the appointment of CJA counsel to represent Mr. Martinez in connection with his section 2255 motion is in the interests of justice. See, e.g., Starkes v. United States, No. 20-CV-0265-LGS, 2020 WL 230944, at *2 (S.D.N.Y. Jan. 15, 2020) (applying the Hodge factors and appointing counsel, pursuant to 18 U.S.C. section 3006A and 28 U.S.C. sections 2255(g), in connection with a section 2255 motion brought by an indigent movant alleging his criminal counsels failure to request a competency hearing). The Court therefore appoints counsel from the Criminal Justice Act Habeas Panel. The Courts CJA Clerk is directed to assign the next available, non-conflicted attorney from that panel to represent Mr. Martinez in connection with his motion pursuant to section 2255. Because Mr. Martinezs sec tion 2255 motion contains his complete birthdate, theCourt has filed a redacted version of that motion on the public docket, and will file the complete, unredacted version under seal. See Fed. R. Civ. P. 5.2; Fed. R. Crim. P. 69.1. This Order resolves docket entry no. 2 in case no. 21-CV-10445, and docket entry no. 441 in case no. 18-CR-319. Chambers will mail a copy of this Order to Mr. Martinez. (Signed by Judge Laura Taylor Swain on 12/8/2021) (rro)
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| Filing 2 MOTION for Appointment of Counsel. Document filed by Noel Martinez. (sac) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 1:18-cr-00319-LTS-8. Document filed by Noel Martinez. (sac) |
| Case Designated ECF. (sac) |
| Magistrate Judge Sarah Netburn 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: Noel Martinez | |
| Represented By: | Jeffrey G. Pittell |
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| Defendant: United States of America | |
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