Pena v. United States of America
| Jose Pena |
| United States of America |
| 1:2024cv01266 |
| February 12, 2024 |
| US District Court for the Southern District of New York |
| Victor Marrero |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
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| Document Text |
|---|
| Filing 8 AMENDED MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255).Document filed by Jose Pena..(rdz) |
| Filing 7 AUTHORITIES & COURT RULES IN SUPPORT OF PETITIIONER PENA'S AMENDED MOTION UNDER 28:2255. Document filed by Jose Pena. (sc) |
| Filing 6 (NOTICE) AMENDED CORRECTIONS AS REQUESTED. Document filed by Jose Pena. (sc) |
| Filing 5 MOTION FOR APPOINTMENT OF COUNSEL. Document filed by Jose Pena.(sc) |
| Filing 4 MOTION re for Appointment of Counsel. Document filed by Jose Pena. (sac) |
| Filing 3 AMENDED MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 1:09-cr-00341-VM-1. Document filed by Jose Pena. (Attachments: #1 Memorandum of Points and Authorities) (sac) |
| MAILING RECEIPT: Document No: 2. Mailed to: Jose Pena 90703054 P.O. Box 1033 Federal Correction Complex USP 1 Coleman, FL 33521-1033. (nb) |
Filing 2
ORDER TO FILE AMENDED MOTION UNDER 28 U.S.C. 2255: Movant is directed to file an amended motion under 28 U.S.C. 2255 containing the information specified above. The amended motion must be submitted to this court's Pro Se Intake Unit within sixty days of the date of this order, be captioned as an "Amended Motion," and bear the same docket number as this order. An Amended Motion Under 28 U.S.C. 2255 form, and the instructions for completing this form, are attached to this order, which Movant should complete as specified above. If Movant fails to comply with this order within the time allowed, and cannot show good cause to excuse such failure, the motion will be denied. No answer shall be required at this time. If Movant complies with this order, the amended motion will be reviewed for substantive sufficiency, and then, if proper, the Government will be ordered to respond to the motion. If Movant fails to comply with this order within the time allowed, and cannot show good cause to excuse such failure, the motion will be denied. Because Movant has not at this time made a substantial showing of a 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 Victor Marrero on 2/28/2024) (vfr) Modified on 3/13/2024 (vfr).
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| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 09-cr-341 (VM).Document filed by Jose Pena..(rdz) |
| Case Designated ECF. (rdz) |
| CASE ACCEPTED AS RELATED. Create association to 1:09-cr-00341-VM. (rdz) |
| 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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| Plaintiff: Jose Pena | |
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