Robinson v. United States of America
| Sean Robinson |
| United States of America |
| 1:2022cv06040 |
| July 5, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Loretta A Preska |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
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| Document Text |
|---|
| Non-Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Non-Appeal Electronic Files for #2 Transfer Order U.S.C.A. were transmitted to the U.S. Court of Appeals..(nd) |
| MAILING RECEIPT: Document No: 2. Mailed to: Sean Robinson Reg.70952-054 P.O. Box 5000 Bruceton Mills, WV 26525. (dsh) |
Filing 2
TRANSFER ORDER: In the interest of justice, the Court construes Petitioner's "First Step Act/Motion to Correct Sentence/United States v. Taylor No. 20-1459 (2022)" as a second or successive Section 2255 motion, and transfers it to the United States Court of Appeals for the Second Circuit. See 1631; Liriano, 95 F.3d at 122-23 (holding that second or successive Section 2255 motions should be transferred to the appropriate court of appeals under Section 1631). This order closes this action in this court. Because this 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that "a defendants good faith in [a criminal] case [is] demonstrated when he seeks appellate review of any issue not frivolous"). (Signed by Judge Loretta A. Preska on 7/15/2022) (ate) Transmission to Appeals Clerk.
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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: 1:14-cr-00130-LAP-8. Document filed by Sean Robinson. (sac) |
| CASE ACCEPTED AS RELATED. Create association to 1:14-cr-00130-LAP. (sac) |
| Case Designated ECF. (sac) |
| Magistrate Judge Robert W. Lehrburger 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: Sean Robinson | |
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| Defendant: United States of America | |
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