Belle v. United States of America
| United States of America |
| Wendell Belle |
| USA |
| 1:2023cv00836 |
| January 31, 2023 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
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This docket was last retrieved on March 30, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| MAILING RECEIPT: Document No: 5. Mailed to: Wendell Belle 76907-054 MDC Brooklyn P.O. Box 329002 Brooklyn, NY 11232. (kh) |
Filing 5
MEMO ENDORSEMENT granting #4 Motion re: #4 MOTION FOR LEAVE REQUESTING THIS COURT TO COMPLETELY WITHDRAW PROCEEDING NO. 23-CV0836(VEC)BECAUE IT IS PREMATURE. ENDORSEMENT: Application GRANTED. The Court interprets the instant filing as a request to withdraw Mr. Belle's purported Section 2255 petition. See Dkt. 1778. Mr. Belle may bring a new Section 2255 petition within the prescribed deadline as described in this Court's February 9, 2023 Order. See Dkt. 1779. The Clerk of Court is respectfully directed to terminate the open motion at docket entry 1778; to close the civil case, 23-CV-836; and to mail a copy of this Endorsement to Mr. Belle and note the mailing on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/29/2023) (tg)
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| Filing 4 PRO SE MOTION FOR LEAVE REQUESTING THIS COURT TO COMPLETELY WITHDRAW PROCEEDING NO. 23-CV0836(VEC)BECAUE IT IS PREMATURE. Document filed by Wendell Belle.(sc) |
| MAILING RECEIPT: Document No: 3. Mailed to: Wendell Belle 76907-054 MDC Brooklyn P.O. Box 329002 Brooklyn, NY 11232. (dsh) |
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Filing 3
ORDER: The Court grants Movant 60 days' leave to file a motion under 28 U.S.C. 2255 containing the information specified above. The motion must be submitted to this Court's Pro Se Office, be captioned as an "Motion Under 28 U.S.C. 2255," and bear the same docket number as this order. A Motion Under 28 U.S.C. 2255 form is attached to this order, which Movant should complete as specified above. If Movant fails to comply with this order within the time allowed, and cannot show good cause to excuse such failure, the Court will direct the Clerk of Court to close this civil action without prejudice to any future Section 2255 motion that Movant may file. Because Movant has not at this time made a substantial showing of a 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 Valerie E. Caproni on 2/9/2023) (tg)
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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: 15-cr-537 (VEC).Document filed by Wendell Belle..(rdz) |
| Case Designated ECF. (rdz) |
| Magistrate Judge Katharine H. Parker 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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