Burgos v. United States of America
Plaintiff: Jonathan Burgos
Defendant: United States of America
Case Number: 1:2023cv10087
Filed: November 15, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Valerie E Caproni
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 11, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 11, 2024 Filing 6 PRO SE MEMORANDUM,dated 1/7/24 re: CHANGE OF ADDRESS for Jonathan Burgos. New Address: Reg.#87762-054, FCI Danbury, 33 1/2 Pembroke Rd., Danbury, CT, 06811. (sc)
January 10, 2024 MAILING RECEIPT: Document No: 5. Mailed to: Jonathan Burgos 87762-054 FCI Danbury 33 1/2 Pembroke Rd. Danbury, CT 06811. (mt)
January 8, 2024 Opinion or Order Filing 5 ORDER: IT IS HEREBY ORDERED that not later than Friday, March 8, 2024, Burgos must sign and return to this Court the accompanying "Attorney-Client Privilege Waiver (Informed Consent)" form. If the document is not received by the Court by March 8, 2024, the Court will deny Burgos's 2255 motion on the ground that Burgos failed to authorize the disclosure of information needed to permit the Government to respond to the motion. See, e.g., Brown v. United States, No. 22-CV-9146 (NSR), 2023 WL 3626466, at *12 (S.D.N.Y. Apr. 13, 2023). IT IS FURTHER ORDERED that, not later than Friday, April 5, 2024, Counsel shall file sworn testimony, in the form of an affidavit, addressing the allegations of ineffective assistance of counsel made by Burgos. IT IS FURTHER ORDERED that the Government's deadline to respond to Burgos's motion is extended to Friday, April 19, 2024. Burgos will have until Friday, May 24, 2024, to file a reply. Absent further order, the motion will be considered fully submitted as of that date. IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to mail a copy of this Order (including the attached Informed Consent form) to Burgos and to note the mailing on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/8/2024) ( Responses due by 4/19/2024, Replies due by 5/24/2024.) (ks)
December 19, 2023 MAILING RECEIPT: Document No: 4. Mailed to: Jonathan Burgos 87762-054 FCI Danbury 33 1/2 Pembroke Rd. Danbury, CT 06811. (sha)
December 15, 2023 Received returned mail re: #4 Information Package. Mail was addressed to Jonathan Burgos 87762-054 at FCI Berlin P.O. Box 9000 Berlin, NH 03570 and was returned for the following reason(s): Return to Sender; Refused; Unable to forward. (sha)
November 27, 2023 Opinion or Order Filing 4 INFORMATION PACKAGE MAILED to Jonathan Burgos 87762-054 at FCI Berlin P.O. Box 9000 Berlin, NH 03570, on 11/27/2023 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)
November 17, 2023 Opinion or Order Filing 3 ORDER TO ANSWER, 28 U.S.C. SECTION 2255: The Court, having concluded that the motion brought under 28 U.S.C. 2255 should not be summarily denied as being without merit, hereby ORDERS 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. Within sixty days of the date of this order, the U.S. Attorneys Office shall file an answer or other pleadings in response to the motion. Movant shall have thirty days from the date on which Movant is served with Respondent's answer to file a response. Absent further order, the motion will be considered fully submitted as of that date. All further papers filed or submitted for filing must include the criminal docket number and will be docketed in the criminal case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/17/2023) (tg)
November 15, 2023 Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 20-cr-182 (VEC).Document filed by Jonathan Burgos..(rdz)
November 15, 2023 Case Designated ECF. (rdz)
November 15, 2023 Magistrate Judge Jennifer Willis 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. (rdz)

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