Sanders v. United States of America
| Reginald Sanders |
| United States of America |
| 1:2023cv01547 |
| February 17, 2023 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| MAILING RECEIPT: Document No: 8. Mailed to: Reginald Sanders Reg:85756-054 Federal Correctional Institution P.O. Box 2000 Joint Base MDL, NJ 08640. (kh) |
Filing 8
ORDER: Accordingly, the February 17, 2023 petition for a writ of habeas corpus is denied, without prejudice. Sanders may renew the Petition claiming ineffective assistance, if and/or when he is prepared to waive attorney-client privilege. In addition, the Court declines to issue a certificate of appealability. Sanders has not made a substantial showing of a denial of a federal right, and appellate review is therefore not warranted. Love v. McCray, 413 F.3d 192, 195 (2d Cir.2005); 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. Coppedge v. United States, 369 U.S. 438,445 (1962). The Court respectfully directs the Clerk of the Court to terminate all pending motions, close this case, and mail a copy of this decision and appeal instructions to Sanders. (Signed by Judge Paul A. Engelmayer on 4/7/2023) (rro)
|
| Filing 7 LETTER from Reginald Sanders, dated 3/18/23 re: Plaintiff declines to waive attorney-client privilege. Document filed by Reginald Sanders.(sc) Modified on 3/27/2023 (sc). |
| MAILING RECEIPT: Document No: 6. Mailed to: Reginald Sanders Reg:85756-054 Federal Correctional Institution P.O. Box 2000 Joint Base MDL, NJ 08640. (dsh) |
|
Filing 6
ORDER RE: ATTORNEY-CLIENT PRIVILEDGE WAIVER (INFORMED CONSENT) granting #5 Motion for Discovery. IT IS HEREBY ORDERED that the Clerk of Court shall serve upon the defendant a copy of this Order and the accompanying "Attorney-Client Privilege Waiver (Informed Consent)" form by United States mail using the following address information: Reginald Sanders (Reg. No. 85756-054), FCI Fort Dix, P.O. Box 2000, Joint Base MDL, NJ 08640. The defendant shall execute and return to the Clerk of Court for filing within 14 days from the date of this Order the accompanying "Attorney-Client Privilege Waiver (Informed Consent)" form; and it is further ORDERED that, within fourteen days from the date that the executed "Attorney-Client Privilege Waiver (Informed Consent)" is filed by the Clerk of Court on behalf of the defendant, Mr. Fasulo and Mr. Huot shall give sworn testimony, in the form of declarations, addressing the allegations of ineffective assistance of counsel made by the defendant. ORDERED that, within sixty days from the date on which the latter of Mr. Fasulo's and Mr. Huot's declarations is filed, the Government shall file an answer or other pleadings in response to the motion. The defendant shall have thirty days from the date on which he is served with the Government's answer to file a response. Absent further order, the motion will be considered fully submitted as of that date.. (Signed by Judge Paul A. Engelmayer on 3/6/2023) (ks) Transmission to Docket Assistant Clerk for processing.
|
| Filing 5 LETTER MOTION for Discovery Order re: Attorney-Client Privilege Waiver (Informed Consent) addressed to Judge Paul A. Engelmayer dated March 5, 2023. Document filed by United States of America. (Attachments: #1 Text of Proposed Order re: Attorney-Client Privilege Waiver (Informed Consent)).(Sobelman, Robert) |
|
Filing 4
INFORMATION PACKAGE MAILED to Reginald Sanders, Reg: 85756-054, at Federal Correctional Institution F.C.I. Fort Dix, P.O. Box 2000, Joint Base MDL, NJ 08640, on 2/27/2023 Re: #3 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)
|
|
Filing 3
ORDER TO ANSWER, 28 U.S.C. 2255: The Court, having concluded that the motion brought under 28 U.S.C. 2255 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. Within sixty days of the date of this order, the U.S. Attorney's Office shall file an answer or other pleadings in response to the motion. Movant shall have thirty days from the date on which Movant is served with Respondent's answer 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 Paul A. Engelmayer on 2/24/2023) (va) Transmission to Pro Se Assistants for processing.
|
| Mailed a copy of #3 Order to Answer, to Criminal Division of the U.S. Attorney's Office with Return Receipt Requested. (va) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 1:18-cr-00390-PAE-2. Document filed by Reginald Sanders. (sac) |
| Case Designated ECF. (sac) |
| Magistrate Judge Ona T. Wang 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. (sac) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Sanders v. United States of America | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Reginald Sanders | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: United States of America | |
| Represented By: | Robert Benjamin Sobelman |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
