Whitmore v. United States of America
| Van Whitmore |
| United States of America |
| Esq. Thomas Ambrosio |
| 1:2023cv00200 |
| January 6, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Katherine Polk Failla |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
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| Document Text |
|---|
| Filing 4 AFFIDAVIT of Thomas Ambrosio in Opposition. Document filed by Thomas Ambrosio..(Ambrosio, Thomas) |
| MAILING RECEIPT: Document No: 3. Mailed to: Van Whitmore 87635054/19R2129 Green Correctional Facility P.O. Box 975 Coxsackie, NY 12051-0975. (dsh) |
Filing 3
ORDER: Accordingly, it is hereby ORDERED that Mr. Ambrosio give sworn testimony, in the form of an affidavit or declaration, addressing the allegation of ineffective assistance of counsel made by Mr. Whitmore. Cognizant of Formal Opinion 10-456 of the American Bar Association's Standing Committee on Ethics and Professional Responsibility (July 14, 2010), the Court is sending a document labeled Informed Consent to Mr. Whitmore (a copy of which is attached to this Order). Mr. Whitmore must execute this document within 30 days of the date of this Order. If the document is not received within that 30-day period, the Court will deny the Section 2255 motion, on the ground that Mr. Whitmore failed to authorize the disclosure of information needed to permit the Government to respond to the motion. Mr. Ambrosio is directed to submit his sworn statement within 30 days of the docketing of Mr. Whitmore's waiver. The Government will then have 60 days from the docketing of Mr. Ambrosio's sworn statement to submit its response to the Motion. The Court of Court is directed to docket this Order in both cases and to mail a copy of the Order to Mr. Whitmore at his address of record. (Signed by Judge Katherine Polk Failla on 1/11/2023) (rro)
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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-846 (KPF).Document filed by Van Whitmore..(rdz) |
| 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. (rdz) |
| Case Designated ECF. (rdz) |
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