Taboada v. United States of America
| Ricardo Taboada |
| United States of America |
| 1:2022cv08141 |
| September 22, 2022 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Prisoner: Prison Condition |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
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Received e-mail from the United States District Court - District of New Jersey acknowledging receipt of transferred case. Assigned Case Number: 1:22-cv-06243, filed on 10/24/2022. (sac)
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MAILING RECEIPT: Document No: 5. Mailed to: Ricardo Taboada 11714-052 FCI Fort Dix Box 2000 Joint Base MDL, NJ 08640. (dsh)
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Filing 5
ORDER: The Court finds that this petition for a writ of audita querela, notwithstanding its designation, should be construed, in part, as a motion under 28 U.S.C. 2255, and, in part, as a petition for a writ of habeas corpus under 28 U.S.C. 2241. If Petitioner does not want to pursue relief under Section 2255, he must notify the Court in writing within 60 days that he wishes to withdraw his Section 2255 motion. If he does not inform the Court of his intent within 60 days, the Court will construe that portion of his petition that challenges the imposition of his sentence as a Section 2255 motion. No response to that portion of the petition is required as this time. The Court directs the Clerk of Court to sever, under Rule 21 of the Federal Rules of Civil Procedure, that portion of the petition that the Court construes as asserting claims for Section 2241 relief in which Petitioner challenges the execution of his sentence, and to transfer, under 28 U.S.C. 1406(a), those claims to the United States District Court for the District of New Jersey as a separate Section 2241 petition. Whether Petitioner should be permitted to proceed further with respect to his Section 2241 petition without payment of fees, and whether he should be provided with notice and an opportunity to withdraw his Section 2241 petition, are determinations to be made by the transferee court. As Petitioner 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 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).SO ORDERED. (Signed by Judge Lewis J. Liman on 10/24/2022) (tg)
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PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Richardo Taboada's portion of the petition that the Court construes as asserting claims for Section 2241 relief in which Petitioner challenges the execution of his sentence only, from the U.S.D.C. Southern District of New York to the United States District Court - District of New Jersey.(tg)
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Filing 3
ORIGINAL SIGNATURE PAGE, re: Motion to Vacate. Document filed by Ricardo Taboada. (sc)
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MAILING RECEIPT: Document No: 2. Mailed to: Ricardo Taboada 11714-052 FCI Fort Dix Box 2000 Joint Base MDL, NJ 08640. (dsh)
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Filing 2
ORDER DIRECTING ORIGINAL SIGNATURE: Plaintiff is directed to submit a signed signature page to this Court's Pro Se Office within thirty (30) days of the date of this Order. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Signature Page due by 10/31/2022. (Signed by Judge Lewis J. Liman on 9/29/2022) (aan)
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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: 19-Cr-117.Document filed by Ricardo Taboada..(rdz)
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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. (rdz)
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CASE ACCEPTED AS RELATED. Create association to 1:19-cr-00117-LJL. (rdz)
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Case Designated ECF. (rdz)
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