Ortiz v. Warden FCC Coleman Low
Petitioner: Luis Gomez Ortiz
Respondent: Warden FCC Coleman Low
Case Number: 1:2023cv08722
Filed: October 3, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: P Kevin Castel
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241 fd Petition for Writ of Habeas Corpus (Federal)
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 13, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 13, 2023 Filing 5 NOTICE OF INTERLOCUTORY APPEAL from #4 Memo Endorsement, Set Deadlines/Hearings. Document filed by Luis Gomez Ortiz. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp)
November 13, 2023 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #5 Notice of Interlocutory Appeal. (tp)
November 13, 2023 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #5 Notice of Interlocutory Appeal filed by Luis Gomez Ortiz were transmitted to the U.S. Court of Appeals. (tp)
October 19, 2023 Opinion or Order Filing 4 MEMO ENDORSEMENT: on re: #3 Order. ENDORSEMENT: Order (ECF 3) of 10/17/23 modified to the extent that if Ortiz does not notify the Court by December 18, 2023 that he wishes to withdraw his motion, then the government's response shall be due February 6, 2024. SO ORDERED. ( Responses due by 2/6/2024) (Signed by Judge P. Kevin Castel on 10/18/2023) (ama) Modified on 10/19/2023 (ama). Mailed to Luis Gomez Ortiz.
October 19, 2023 MAILING RECEIPT: Document No: 3. Mailed to: Luis Gomez Ortiz 56450509 FCC Coleman Low 846 N.E. 54th Terrace Coleman, FL 33509. (sha)
October 17, 2023 Opinion or Order Filing 3 ORDER: The Court finds that this application, notwithstanding its designation, should be construed as a motion pursuant to 28 U.S.C. 2255. If Movant does not want to pursue relief under Section 2255, he must notify the Court in writing within sixty days that he wishes to withdraw his motion. If Movant does not inform the Court of his intent within sixty days, the application will remain designated as a motion under 28 U.S.C. 2255, and the Court will issue an order directing the U.S. Attorney's Office for the Southern District of New York to file an answer or other pleadings in response to the motion. No answer shall 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). SO ORDERED. (Signed by Judge P. Kevin Castel on 10/17/2023) (ama)
October 16, 2023 NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Unassigned is no longer assigned to the case..(rdz)
October 16, 2023 Magistrate Judge Gary Stein 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)
October 16, 2023 CASE ACCEPTED AS RELATED. Create association to 1:19-cr-00536-PKC. (rdz)
October 3, 2023 Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Luis Gomez Ortiz..(rdz)
October 3, 2023 Case Designated ECF. (rdz)

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 this case: Ortiz v. Warden FCC Coleman Low
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: Luis Gomez Ortiz
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 ]
Respondent: Warden FCC Coleman Low
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.


Why Is My Information Online?