McCord v. Warden FCI Williamsburg
Petitioner: Lamont E. McCord
Respondent: Warden FCI Williamsburg
Case Number: 1:2023cv03407
Filed: April 24, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Laura Taylor Swain
Nature of Suit: Habeas Corpus (General)
Jury Demanded By: None
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Docket Report

This docket was last retrieved on May 5, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 5, 2023 Non-Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Non-Appeal Electronic Files for #30 MOTION for Reconsideration re; #29 Order filed by Lamont E. McCord, #29 Order, #31 Order on Motion for Reconsideration, were transmitted to the U.S. Court of Appeals for the Fourth Circuit. (tp)
May 5, 2023 MAILING RECEIPT: Document No: 31. Mailed to: Lamont E. McCord #33071-183 2 Mile Drive Otisville, NY 10963. (kh)
May 4, 2023 Opinion or Order Filing 31 ORDER denying #30 MOTION for Reconsideration re; #29 Order, filed by Lamont E. McCord. Movant's request for reconsideration (ECF No. 30) is denied. The Clerk of Court is directed not to accept any further submissions under this docket number except for papers directed to the United States Court of Appeals for the Second Circuit. 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/4/2023) (sac) Transmission to Office of the Clerk of Court for processing.
May 2, 2023 Filing 30 MOTION FOR RECONSIDERATION OF TRANSFER ORDER, re; #29 Order. Document filed by Lamont E. McCord.(sc) Modified on 5/3/2023 (sc).
April 26, 2023 MAILING RECEIPT: Document No: 29. Mailed to: Lamont E. McCord #33071-183 2 Mile Drive Otisville, NY 10963. (kh)
April 25, 2023 Transmission to Docket Assistant Clerk. Transmitted re: #29 Order to the Docket Assistant Clerk for case processing. (nb)
April 25, 2023 Opinion or Order Filing 29 TRANSFER ORDER: In the interest of justice, the Court transfers this second or successive 2255 motion to the United States Court of Appeals for the Fourth Circuit under 28 U.S.C. 1631. Accord Liriano v. United States, 95 F.3d 119, 12223 (2d Cir. 1996) (per curiam) (holding that second or successive 2255 motions should be transferred to the appropriate court of appeals). This order closes this action. Because the motion makes no 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 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/25/2023) (sac) Transmission to Appeals Clerk.
April 25, 2023 NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sgz)
April 25, 2023 CASE TRANSFERRED OUT from the U.S.D.C. Southern District of New York to the United States Court of Appeals - Fourth Circuit via Certified Mail #7019 1120 0000 8895 3820. (sac) Modified on 5/5/2023 (nb).
April 24, 2023 Filing 28 CASE TRANSFERRED IN from the United States District Court - District of South Carolina; Case Number: 4:21-cv-03285. Original file certified copy of transfer order and docket entries received.
April 24, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (tro)
April 24, 2023 Case Designated ECF. (tro)
April 20, 2023 Filing 27 ***DOCUMENT MAILED: #26 Order w/NEF placed in U.S. Mail from Florence Clerks Office to Lamont E. McCord, #33071-183, FCI McKean, PO Box 8000, Bradford, PA 16701 (dsto, ) [Transferred from South Carolina on 4/24/2023.]
April 20, 2023 Opinion or Order Filing 26 ORDER TRANSFERRING THIS CASE TO THE SOUTHERN DISTRICT OF NEW YORK. Signed by Honorable Mary Geiger Lewis on 04/20/2023. (dsto, ) [Transferred from South Carolina on 4/24/2023.]
January 31, 2023 Filing 23 NOTICE of Change of Address by Lamont E. McCord. (Attachments: #1 Envelope)(dsto, ) [Transferred from South Carolina on 4/24/2023.]
April 19, 2022 Filing 21 ***DOCUMENT MAILED: 20 TEXT Order on Motion for Extension of Time to File Response placed in U.S. Mail from Florence Clerks Office to Lamont E. McCord, #33071-183, FCI Williamsburg, PO Box 340, Salters, SC, 29590 (dsto, ) [Transferred from South Carolina on 4/24/2023.]
April 19, 2022 Filing 20 TEXT ORDER granting #15 Motion for Extension of Time to File Objections to #11 REPORT AND RECOMMENDATION. Signed by Honorable Mary Geiger Lewis on 04/19/2022.(dsto, ) [Transferred from South Carolina on 4/24/2023.]
December 20, 2021 Filing 17 OBJECTION to #11 Report and Recommendation by Lamont E. McCord. Reply to Objections due by 1/4/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(prou, ) [Transferred from South Carolina on 4/24/2023.]
November 22, 2021 Filing 15 MOTION for Extension of Time to File Objections to #11 REPORT AND RECOMMENDATION by Lamont E. McCord. Response to Motion due by 12/6/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope)No proposed order.(dsto, ) [Transferred from South Carolina on 4/24/2023.]
November 18, 2021 Filing 14 CERTIFIED MAIL RECEIPT re #10 Order - Habeas-Service-No Answer, served on US Attorney General on November 15, 2021. (dsto, ) [Transferred from South Carolina on 4/24/2023.]
November 9, 2021 Filing 13 ***DOCUMENT MAILED: #10 Order - Habeas-Service-No Answer, placed in U.S. Mail from Florence Clerks Office to US Attorney General, 950 Pennsylvania Ave., NW, Room B-103, Washington, DC, 20530 (by certified by 7018-1830-0001-8538-6331) (dsto, ) [Transferred from South Carolina on 4/24/2023.]
November 9, 2021 Filing 12 ***DOCUMENT MAILED: #10 Order - Habeas-Service-No Answer w/NEF, #11 REPORT AND RECOMMENDATION w/NEF placed in U.S. Mail from Florence Clerks Office to Lamont E. McCord, #33071-183, FCIW, PO Box 340, Salters, SC, 29590 (dsto, ) [Transferred from South Carolina on 4/24/2023.]
November 9, 2021 Opinion or Order Filing 11 REPORT AND RECOMMENDATION recommending that the Petition be dismissed without prejudice and without requiring the respondent to file a return.IT IS SO ORDERED. Objections to R&R due by 11/23/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Thomas E Rogers, III on 11/09/2021. (dsto, ) [Transferred from South Carolina on 4/24/2023.]
November 9, 2021 Opinion or Order Filing 10 ORDER authorizing service of process by clerk, directing respondent not to answer and directing the petitioner to notify the clerk in writing of any change of address. Signed by Magistrate Judge Thomas E Rogers, III on 11/09/2021. (Attachments: #1 2241 Petition)(dsto, ) [Transferred from South Carolina on 4/24/2023.]
October 20, 2021 Filing 8 Filing fee: $ 5.00, receipt number SCX400015337 (dsto, ) [Transferred from South Carolina on 4/24/2023.]
October 18, 2021 Filing 6 ***DOCUMENT MAILED: #5 Proper Form Order w/NEF and AO240, placed in U.S. Mail from Florence Clerks Office to Lamont E. McCord, #33071-183, FCIW, PO Box 340, Salters, SC, 29590 (dsto, ) [Transferred from South Carolina on 4/24/2023.]
October 18, 2021 Opinion or Order Filing 5 PROPER FORM ORDER: Case to be brought into proper form by 11/8/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Thomas E Rogers, III on 10/18/2021. (dsto, ) [Transferred from South Carolina on 4/24/2023.]
October 8, 2021 Filing 2 TRUE DIVISION FOR TRIAL: Florence. (dsto, ) [Transferred from South Carolina on 4/24/2023.]
October 8, 2021 Filing 1 PETITION for Writ of Habeas Corpus, filed by Lamont E. McCord. (Attachments: #1 Memo in Support, #2 Envelope)(dsto, ) [Transferred from South Carolina on 4/24/2023.]

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Petitioner: Lamont E. McCord
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Respondent: Warden FCI Williamsburg
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