Ortiz v. Warden FCC Coleman Low
Luis Gomez Ortiz |
Warden FCC Coleman Low |
1:2023cv08722 |
October 3, 2023 |
US District Court for the Southern District of New York |
P Kevin Castel |
Habeas Corpus (General) |
28 U.S.C. ยง 2241 fd Petition for Writ of Habeas Corpus (Federal) |
None |
Docket Report
This docket was last retrieved on November 13, 2023. A more recent docket listing may be available from PACER.
Document Text |
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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) |
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #5 Notice of Interlocutory Appeal. (tp) |
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) |
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. |
MAILING RECEIPT: Document No: 3. Mailed to: Luis Gomez Ortiz 56450509 FCC Coleman Low 846 N.E. 54th Terrace Coleman, FL 33509. (sha) |
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) |
NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Unassigned is no longer assigned to the case..(rdz) |
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) |
CASE ACCEPTED AS RELATED. Create association to 1:19-cr-00536-PKC. (rdz) |
Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Luis Gomez Ortiz..(rdz) |
Case Designated ECF. (rdz) |
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Petitioner: Luis Gomez Ortiz | |
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Respondent: Warden FCC Coleman Low | |
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