Jones v. United States of America
| Rafael Arden Jones |
| United States of America |
| 1:2023cv08313 |
| September 19, 2023 |
| US District Court for the Southern District of New York |
| Laura Taylor Swain |
| 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 19, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| MAILING RECEIPT: Document No: 2-3. Mailed to: Rafael Arden Jones NYSID:12819779Y B&C: 8952300111 16-00 Hazen Street East Elmhurst, NY 11370. (sha) |
Filing 3
CIVIL JUDGMENT: For the reasons stated in the October 16, 2023, order, this action is dismissed. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from the Court's judgment would not be taken in good faith. SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/16/23) (Attachments: #1 PRO SE APPEAL PACKAGE) (rdz)
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Filing 2
ORDER: Movant's motion under 28 U.S.C. 2255 is dismissed without prejudice because a Section 2255 motion is not the proper vehicle for seeking relief from state court criminal proceedings. The Court declines to recharacterize this Section 2255 motion as a habeas petition because, on the same day that he filed this motion, Movant filed two habeas petitions challenging the same state court proceedings. 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 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). Judgment shall enter. SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/16/23) (rdz)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE Document filed by Rafael Arden Jones. (sac) |
| Case Designated ECF. (sac) |
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| Petitioner: Rafael Arden Jones | |
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| Respondent: United States of America | |
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