Woolaston v. United States of America
| Tyrone Woolaston |
| United States of America |
| 1:2023cv09153 |
| October 16, 2023 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Robert W Lehrburger |
| Alison J Nathan |
| 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 December 13, 2023. A more recent docket listing may be available from PACER.
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Filing 8
MEMO ENDORSEMENT on re: #7 Notice (Other) filed by Tyrone Woolaston. ENDORSEMENT: Application DENIED. Because Judge Alison Nathan, who presided over Mr. Woolaston's criminal case, is no longer a District Court judge, this case was reassigned to the Undersigned. The Undersigned therefore decided that it would be efficient to refer Mr. Woolaston's habeas petition to Magistrate Judge Lehrburger for a report and recommendation, which the Court will take into account when deciding whether to grant it. The Clerk of Court is respectfully directed to close the open motion at Dkt. 205 (18-cr-212) and to mail a copy of this Order to Mr. Woolaston. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/13/2023) (tg)
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| Filing 7 MOTION TO REFUSE CONSENT TO REFER ACTION TO A MAGISTRATE JUDGE. Document filed by Tyrone Woolaston. (sc) |
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Filing 6
INFORMATION PACKAGE MAILED to Tyrone Woolaston ID: 85369-054 at FCI Fort Dix - Satellite Camp P.O. Box 2000 Joint Base MDL, NJ 08640, on 10/26/2023 Re: #3 Order to Answer. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge.(sha)
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| MAILING RECEIPT: Document No: 4-5. Mailed to: Tyrone Woolaston ID:85369-054 P.O. Box 2000 Joint Base MDL, NJ 08640. (sha) |
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Filing 5
ORDER: By separate Order being entered today, this case is being referred to the assigned Magistrate Judge for a report and recommendation on any motion for judgment on the pleadings. To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date on which Defendant enters an appearance, file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://www.nysd.uscourts.gov/forms/consent-proceed-us-magistrate-judge). If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks on which Defendant enters an appearance, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/23/2023) (tg)
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Filing 4
ORDER REFERRING CASE TO 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 Robert W. Lehrburger. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/23/2023) (vfr)
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Filing 3
ORDER TO ANSWER, 28 U.S.C. 2255: WHEREAS on October 16, 2023, Mr. Woolaston moved to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255, Dkt. 1. IT IS HEREBY ORDERED that the U.S. Attorney's Office shall file an answer or other pleadings in response to the motion not later than December 15, 2023, and Petitioner shall file any reply not later than January 20, 2024. Absent further order, the motion will be considered fully submitted as of that date. IT IS FURTHER ORDERED that the Clerk of Court shall electronically notify the Criminal Division of the U.S. Attorney's Office for the Southern District of New York that this order has been issued. IT IS FURTHER ORDERED that all further papers filed or submitted for filing mustinclude the criminal docket number and will be docketed in the criminal case. SO ORDERED. ( Replies due by 1/20/2024., Responses due by 12/15/2023) (Signed by Judge Valerie E. Caproni on 10/23/2023) (vfr) Transmission to Pro Se Assistants for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Alison J. Nathan is no longer assigned to the case. (laq) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 1:18-cr-00212-AJN-1. Document filed by Tyrone Woolaston. (sac) |
| Case Designated ECF. (sac) |
| Magistrate Judge Robert W. Lehrburger is designated to handle matters that may be referred in this case. 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. (sac) |
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