Prado v. United States of America
| Julio Prado |
| United States of America |
| 1:2022cv10810 |
| December 21, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Valerie E Caproni |
| Other Immigration Actions |
| 18 U.S.C. ยง 3114 Motion for Return of Seized Property |
| None |
Docket Report
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This docket was last retrieved on February 6, 2023. A more recent docket listing may be available from PACER.
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Filing 9
INFORMATION PACKAGE MAILED to Julio Prado, 32653-069, at FCI Ray Brook, P.O. Box 900, Ray Brook, NY 12977-0900, on 2/6/2023 Re: #8 Order to Answer. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (sha)
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| Mailed a copy of #7 Order Granting IFP Application in Prisoner Case, to Warden/Superintendent of FCI Ray Brook 128 RAY BROOK ROAD RAY BROOK, NY 12977. (dsh) |
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Filing 8
ORDER TO ANSWER, FED. R. CRIM. P. 41(g): Petitioner Julio Prado, who is currently incarcerated at FCI Ray Brook, brings this pro se motion, under Rule 41(g) of the Federal Rules of Criminal Procedure, seeking the return of his property. The Court, having concluded that the motion should not be summarily dismissed as being without merit, hereby ORDERS that: The Clerk of Court shall electronically notify the Criminal Division of the U.S. Attorney's Office for the Southern District of New York that this order has been issued. Not later than Wednesday, April 5, 2023, the U.S. Attorney's Office shall file an answer or other responsive pleading to the motion. Petitioner shall have thirty days from the date on which Petitioner is served with Respondent's response to file a response. Absent further order, the motion will be considered fully submitted as of that date. All further papers filed or submitted for filing must include the criminal docket number and will be docketed in the criminal case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/3/2023) (tg)
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Filing 7
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: Plaintiff's application for leave to proceed without prepayment of fees is granted. A prisoner bringing a civil action is required to pay the full $350 filing fee even when proceeding in forma pauperis (IFP), that is, without prepayment of fees. See 28 U.S.C. 1915(b)(1). The Court must collect, when funds exist in a prisoner's account, an initial partial filing fee1 plus monthly payments. The agency having custody of the prisoner shall forward payments from the prisoner's account to the Clerk of Court each time the amount in the account exceeds $10, until the filing fees are paid. 28 U.S.C. 1915(b)(2); see also In the Matter of the Prison Litigation Reform Act, Second Amended Standing Order, M10-468 (S.D.N.Y. May 26, 2010) (requiring agencies to calculate and remit the statutory fees for litigants in their custody). Petitioner has executed a prisoner authorization that authorizes the agency having custody of Petitioner, or any agency to which Petitioner is transferred, to send a certified copy of Petitioner's prison trust fund account for the past six months to this Court. The prisoner authorization further authorizes the agency to calculate the amounts specified by 28 U.S.C. 1915, to deduct those amounts from Petitioner's prison trust fund account (or institutional equivalent), and to disburse those amounts to this Court. The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Petitioner. That agency is directed to forward copies of Petitioner's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Petitioner is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Petitioner is transferred. It is Plaintiff's obligation to promptly submit a written notification to the Court if Petitioner's address changes, and the Court may dismiss the action if Petitioner fails to do so. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/3/2023) (tg)
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| Filing 6 PRISONER AUTHORIZATION. Document filed by Julio Prado.(sc) |
| Filing 5 APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Julio Prado.(sc) |
| MAILING RECEIPT: Document No: 4. Mailed to: Julio Prado 32653-069 FCI Ray Brook P.O. Box 900 Ray Brook, NY 12977-0900. (dsh) |
| MAILING RECEIPT: Document No: 4. Mailed to: Julio Prado 32653-069 FCI Ray Brook P.O. Box 900 Ray Brook, NY 12977-0900. (dsh) |
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Filing 4
ORDER DIRECTING PAYMENT OF FEES OR IFP APPLICATION: Accordingly, the Court directs Petitioner to pay $402.00 in filing fees or to submit an IFP application and prisoner authorization (attached to this Order), not later than Wednesday, February 8, 2023. If Petitioner submits an IFP application, it must be labeled with docket number 22-CV-10810 (VEC). If the Court grants the IFP application, Petitioner will be permitted to proceed without prepayment of fees. See 28 U.S.C. 1915(a)(1). No responsive pleading is required at this time. If Petitioner complies with this Order, the case shall be processed in accordance with the procedures of the Clerks Office. If Petitioner fails to comply with this Order within the time allowed, the action will be dismissed. 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 IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). The Clerk of Court is respectfully directed to mail a copy of this Order to Mr. Prado at Reg. No. 32653-069, FCI Ray Brook, 128 Ray Brook Road, Ray Brook, NY 12977, and to note the mailing on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/9/2023) (tg)
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| Magistrate Judge Robert W. Lehrburger 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. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Unassigned is no longer assigned to the case. (vba) |
| MAILING RECEIPT: Document No: 2. Mailed to: Julio Prado 32653-069 FCI Ray Brook P.O. Box 900 Ray Brook, NY 12977-0900. (dsh) |
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Filing 2
ORDER as to Julio Cesar Prado: WHEREAS on December 19, 2022, the Clerk of Court received Mr. Prados motion to recover property pursuant to Rule 41(g) of the Federal Rules of Criminal Procedure, see Dkt. 39; IT IS HEREBY ORDERED that the Clerk of Court is respectfully directed to open a parallel civil case for Mr. Prado's Rule 41(g) motion. The document at 20-CR-506, Dkt. 39, should be docketed as Docket Entry 1 in the new civil case. The Clerk is further directed to mail a copy of this Order to Mr. Prado. (Signed by Judge Valerie E. Caproni on 12/21/2022) (Copy mailed to Defendant at: JULIO PRADO,Register Number: 32653-069, FCI Ray Brook, FEDERAL CORRECTIONAL INSTITUTION, P.O. BOX 900, RAY BROOK, NY 12977 (Signed by Judge Valerie E. Caproni on 12/21/22) (rdz)
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| Filing 1 MOTION FOR RETURN OF PROPERTY pursuant to Rule 41(e). [ Re: Criminal Case 20-cr-506 (VEC) ].Document filed by Julio Prado..(rdz) |
| Case Designated ECF. (rdz) |
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| Petitioner: Julio Prado | |
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