Hernandez v. United States of America
| Amaurys Hernandez |
| United States of America |
| 1:2023cv07775 |
| August 31, 2023 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Ona T Wang |
| 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 October 11, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 5 DECLARATION of Amaurys Hernandez, in response to re: #4 Order to Show Cause,. Document filed by Amaurys Hernandez. (sc) |
| MAILING RECEIPT: Document No: 4. Mailed to: Amaurys Hernandez 86836-054 United States Penitentiary, Big Sandy P.O. Box 2068 Inez, KY 41224. (sha) |
Filing 4
ORDER: Within sixty days of the date of this Order, or Monday, November 13, 2023, Movant shall file a declaration showing cause why the motion should not be dismissed as time barred. For Movant's convenience, a declaration form is attached to this Order. If Movant files a declaration within the time allowed, the Court will review it, and if proper, Order that the motion be served on Respondent. If Movant fails to comply with this Order, and cannot show good cause to excuse such failure, I will recommend that the motion be denied as time barred. No answer will be required at this time. Because Movant has not at this time made a substantial showing of the 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). (Signed by Magistrate Judge Ona T. Wang on 9/13/2023) (rro)
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| MAILING RECEIPT: Document No: 2. Mailed to: Amaurys Hernandez 86836-054 United States Penitentiary, Big Sandy P.O. Box 2068 Inez, KY 41224. (sha) |
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Filing 2
ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Habeas Corpus. Referred to Magistrate Judge Ona T. Wang. SO ORDERED. (Signed by Judge Jed S. Rakoff on 9/05/2023) (ama)
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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-323 (JSR).Document filed by Amaurys Hernandez..(rdz) |
| Case Designated ECF. (rdz) |
| 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. (rdz) |
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| Plaintiff: Amaurys Hernandez | |
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| Defendant: United States of America | |
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