Pedro v. United States of America
| Martin Selwyn Pedro |
| Warden M. Starr and UNITED STATES OF AMERICA |
| 1:2022cv09387 |
| November 1, 2022 |
| US District Court for the Southern District of New York |
| Sidney H Stein |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 fd Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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This docket was last retrieved on December 23, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 4 LETTER from Martin Pedro, dated 12/9/22 re: I am writing to inquire about a motion I filed under 28:2241(c)(3). The institution made a mistake and sent the motion without the filing fee. The fee was sent by Treasury check from F.B.O.P. Trust Fund on 11/28/22. Your Office should have received the $5.00 check by now. I would like to know if the motion was filed, and if there were any deficiencies in the Petition which need to be corrected. Document filed by Martin Selwyn Pedro.(sc) |
| Request for Copy of the updated Docket Sheet Received: Re #4 Letter. Request for Docket Report, from M. Pedro received on 12/23/22. Transmission to Pro Se Assistants for processing. (sc) |
| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Martin Selwyn Pedro, 51782-054 at FCC USP High, P.O. Box 7000, Florence, CO 81226 on 12/23/2022. (sha) |
| Pro Se Payment of Fee Processed: $5.00 Check processed by the Finance Department on 12/08/2022, Receipt Number 9431. (prs) |
Filing 3
ORDER The Court finds that this submission, notwithstanding its designation, should be construed as a motion pursuant to 28 U.S.C. 2255. If Pedro does not want to pursue relief under Section 2255, he may notify the Court in writing within 60 days that he wishes to withdraw his motion. If Pedro does not inform the Court of his intent within 60 days, the Court will construe this motion as a Section 2255 motion. No answer shall be required at this time. The Clerk of Court is directed to substitute the United States of America as the Respondent on the docket and short caption of the civil case, No. 22-CV-9387. Because Pedro 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. UNITED STATES OF AMERICA added. M. Starr terminated. (Signed by Judge Sidney H. Stein on 11/30/2022) (jca)
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| Chambers mailed a copy of #3 Order to Martin Pedro by US mail. (lab) |
| NOTICE OF CASE REASSIGNMENT to Judge Sidney H. Stein. Judge Unassigned is no longer assigned to the case. (vba) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Martin Selwyn Pedro..(rdz) |
| Case Designated ECF. (rdz) |
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