Valdez v. United States of America
Case Number: 1:2022cv07626
Filed: September 21, 2022
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc

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Date Filed Document Text
September 21, 2022 Opinion or Order Filing 3 ORDER: The Court directs Valdez to file a declaration within sixty days of the date of this order showing cause why the motion should not be denied as time-barred. For Valdez's convenience, a declaration form is attached to this order. If Valdez files a declaration within the time allowed, the Court will review it, and if proper, will order that the motion be served on Respondent. If Valdez fails to comply with this order, the motion will be denied as time-barred. No answer will be required at this time. The Court directs the Clerk of Court to file this order in both the civil and criminal cases. Because Valdez has not at this time made a substantial showing of the denial of a constitutional right, a certificate of appealability will n ot issue. See 28 U.S.C. § 2253. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order wouldnot be taken in good faith and therefore informa pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Kimba M. Wood on 9/21/2022) (ama)
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