Ware v. United States of America
| United States of America |
| Thomas Ware |
| USA |
| 1:2022cv10566 |
| December 12, 2022 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| 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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| Filing 5 RULE 5(f)BRADY DISCOVERY & PRODUCTION MOTION, Re: for Discovery etc. Document filed by Thomas Ware.(sc) |
| Filing 4 NOTICE OF RULE 5(f)BRADY DISCOVERY & PRODUCTION MOTION. Document filed by Thomas Ware. (sc) |
| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Ulysses T. Ware consents to receive electronic service via the ECF system. Document filed by Ulysses T. Ware.(sc) |
| MAILING RECEIPT: Document No: 2. Mailed to: Thomas Ware 123 Linden Blvd Suite 9-L Brooklyn, NY 11226. (dsh) |
Filing 2
(DUPLICATE ORIGINAL) ORDER as to Thomas Ware: The Court denies Plaintiff's motions for recusal (ECF 25, 32, 42) and dismisses from this action the undersigned, Chief Judge Swain, United States Attorney General Merrick B. Garland, Lisa 0. Monaco, Vanita Gupta, Damian Williams, Margaret M. Garnett, Daniel Gitner, and Audrey Strauss. The Court severs Ware's petition into two separate 28 U.S.C. 2255 motions. The Court will consider this action as a 2255 motion directed at the conviction in Ware I, No. 05-cr-1115 (ER), and directs the Clerk of Court to change the designation of this case to a 2255 motion. The Clerk of Court is further directed to open a new civil action under 2255 to consider Ware's claims arising out of the judgment of conviction under Ware II, No. 04-cr-1224 (ER). The Clerk of Court is also instructed to file a copy of the petition (ECF 1) and this order in the new civil action. The United States of America will remain as the sole respondent in this action and the new 2255 action. The Clerk of Court is further directed to terminate all pending requests or motions in this action, No. 22-cv-3409 (ER), ECF 25, 32, 42, 71, 72, 73, 88, 89, 90, 92, 93, 95, 103, 105, 108, 117, 121, 122. The Clerk of Court is also directed to terminate all pending requests or motions in Ware I, No. 05-cr-1115 (ER), ECF 227,230,239,241,242, and 246. Within 60 days of the date of this order, Ware must notify the Court in writing if he wishes to withdraw one or both motions. If Ware chooses to proceed with the motions, he is directed to file an amended motion in each action containing all of the grounds on which he seeks relief and showing cause why the motions should not be denied as time-barred. The amended motions must be submitted to this Court's Pro Se Intake Unit within 60 days of the date of this order, each must be captioned as "Amended Motion" and bear the docket number of each case. An Amended Motion Under 28 U.S.C. 2255 form is attached to this order. If Ware fails to comply with this order within the time allowed, and cannot show good cause to excuse such failure, the motions will be denied. No answer will be required at this time. Because Ware 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). IT IS SO ORDERED. (Signed by Judge Edgardo Ramos on 12/12/22) (rdz)
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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: 04-cr-1224 (ER).Document filed by Thomas Ware. (Attachments: #1 Exhibit pages, #2 Exhibit pages).(rdz) |
| Case Designated ECF. (rdz) |
| Magistrate Judge Valerie Figueredo 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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