Lewis v. Bradley
| Kevin Lewis |
| Warden Bradley |
| 1:2022cv07777 |
| September 12, 2022 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
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| Document Text |
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| Received returned mail re: #11 Order. Mail was addressed to Kevin Lewis, 77880-054, Special Mail - OPEN ONLY IN PRESENCE OF INMATE, P.O. Box 300, USP-Canaan, Waymart, PA 18472 and was returned for the following reason(s): RETURN TO SENDER, UNABLE TO FORWARD, UNABLE TO FORWARD, RETURN TO SENDER, Refused. (vn) |
| MAILING RECEIPT: Document No: 11. Mailed to: Kevin Lewis 77880-054 Special Mail - OPEN ONLY IN PRESENCE OF INMATE P.O. Box 300 Waymart, PA 18472. (dsh) |
Filing 11
ORDER: Lewis's application is construed as a motion under 28 U.S.C. 2255. Within 60 days of the date of this order, Lewis must either notify the Court in writing if he wishes to withdraw the motion, or, if Lewis chooses not to withdraw his motion, file a declaration showing cause why the motion should not be denied as time barred. For Lewis's convenience, a declaration form is attached to this order. If Lewis files a declaration within the time allowed, the Court will review it, and if proper, order that the motion be served on Respondent. If Lewis 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. The Court directs the Clerk of Court to change the nature of suit for this action to "510 Motions to Vacate Sentence 28 USC 2255." The Court also directs the Clerk of Court to terminate Lewis's motion for leave to proceed in forma pauperis because a filing fee is not required. See Rule 3 of the Rules Governing Section 2255 Proceedings for the United States District Courts, Advisory Committee Notes to the 1976 Adoption. Because Lewis 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). (Signed by Judge Gregory H. Woods on 10/27/2022) (rro) Transmission to Office of the Clerk of Court for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Unassigned is no longer assigned to the case. (laq) |
| Filing 10 CASE TRANSFERRED IN from the United States District Court - District of Pennsylvania Middle; Case Number: 1:22-cv-01189. Original file certified copy of transfer order and docket entries received. |
| Case Designated ECF. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba) |
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Filing 9
ORDER TRANSFERRING CASE - IT IS ORDERED, that this case be transferred to the United States District Court for the Southern District of New York for further proceedings and the Clerk of Court is directed to CLOSE this case. Signed by Honorable Jennifer P. Wilson on 9/6/2022. (ve) [Transferred from Pennsylvania Middle on 9/12/2022.]
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| Filing 8 Prisoner Trust Fund Account Statement from INMATE ACCOUNTS for Kevin Lewis. (ep) [Transferred from Pennsylvania Middle on 9/12/2022.] |
| Filing 7 Uncertified Prisoner Trust Fund Account Statement by Kevin Lewis. (sm) [Transferred from Pennsylvania Middle on 9/12/2022.] |
| Filing 6 FIFTEEN (15) DAY ADMINISTRATIVE ORDER - Within 15 days of the date of this Order, the Warden or other appropriate official of the institution at which Plaintiff is currently incarcerated is directed to provide to the Court, under oath, or declare under penalty of perjury, a statement of the current balance in the Plaintiffs account and a record of the transactions in his account that have occurred with the preceding six (6) months. Order sent to Superintendent and petitioner. Signed by LP on 08/19/2022. (lp) [Transferred from Pennsylvania Middle on 9/12/2022.] |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Kevin Lewis.(ep) [Transferred from Pennsylvania Middle on 9/12/2022.] |
| Filing 4 THIRTY (30) DAY ADMINISTRATIVE ORDER directing the prisoner to pay the filing fee or file a signed Application to Proceed IFP within 30 days or case will be dismissed. Signed by LP on 08/01/2022. (Attachments: #1 IFP (habeas corpus))(lp)[Transferred from Pennsylvania Middle on 9/12/2022.] |
| Filing 3 PRO SE LETTER ISSUED providing the case number and the AO 85 Notice & Consent Form. (Attachments: #1 Notice of Consent) (lp) [Transferred from Pennsylvania Middle on 9/12/2022.] |
| Filing 2 MEMORANDUM OF LAW in Support of Petition by Kevin Lewis. (lp) [Transferred from Pennsylvania Middle on 9/12/2022.] |
| Filing 1 PETITION for Writ of Habeas Corpus lodged as no filing fee was paid and no Motion for In Forma Pauperis was filed, filed by Kevin Lewis. (Attachments: #1 Petitioner's Cover Letter)(lp) [Transferred from Pennsylvania Middle on 9/12/2022.] |
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| Petitioner: Kevin Lewis | |
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| Respondent: Warden Bradley | |
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