Young v. United States of America
| Davon Young |
| United States of America |
| 7:2015cv03941 |
| May 12, 2015 |
| US District Court for the Southern District of New York |
| White Plains Office |
| XX Out of State |
| Cathy Seibel |
| Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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Filing
56
DECISION AND ORDER denying 52 Motion for Reconsideration re 52 MOTION for Reconsideration re; 11 Order,, in light of Supreme Court's ruling in Lora v. United States. filed by Davon Young. Before the Court is Petitioner Davon Young's motion for reconsideration pursuant to Federal Rule of Civil Procedure 60(b), (ECF No. 223); the Government's opposition thereto, (ECF No. 225); Petitioner's reply (ECF No. 226); and the Government's opposition thereto, (ECF No. 228). Familiarity with prior proceedings is presumed. Relying on Lora v. United States, 599 U.S. 453 (2023), Petitioner has moved for reconsideration of my November 16, 2015 decision denying his petition under 28 U.S.C. § 2255, (ECF No. 132), to the extent that that ruling held that his sentence for his conviction under 18 U.S.C. § 924(j) had to run consecutively to any other sentence, (ECF No. 223). With respect to Rule 60(b)(5), the application is denied ess entially for the reasons stated by the Government in ECF No. 225. There is no "reversed or vacated" decision on which my 2015 decision, (ECF No. 132), was based. With respect to Rule 60(b)(6), the application is denied essentially for th e reasons stated by the Government in ECF No. 228. That rule likewise does not provide a pathway around the limitations on successive § 2255 petitions in the circumstances here. Counsel for Petitioner shall advise, no later than February 25, 2024, whether Petitioner would prefer me to deny the motion or to transfer it to the Second Circuit as a successive § 2255 petition.. (Signed by Judge Cathy Seibel on 1/22/2024) (jca)
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Filing
51
ORDER denying 48 Motion to Vacate 48 AMENDED MOTION to Vacate pursuant to 28 U.S.C. § 2255. For the reasons stated by the Government in ECF No. 219, the motion to amend the petition is denied, and the "Amended Petition," (ECF No. 217), as Petitioner recognizes, (ECF No. 220), must be transferred to the Second Circuit pursuant to 28 U.S.C. 1631 as a second or successive petition. The Clerk of Court is respectfully directed to effectuate that transfer. SO ORDERED. (Signed by Judge Cathy Seibel on 8/21/2023) (mml) Transmission to Appeals Clerk.
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Filing
45
ORDER denying 35 Motion for Reconsideration re; 31 Order on Motion for Extension of Time, Order on Motion to Vacate filed by Davon Young. This order memorializes my text order of January 9, 2023 (ECF No. 210). The instant motion under Fe d. R. Civ. P. 60(b), (ECF No. 205), which was based on what Petitioner hoped would be a favorable change in decisional law, was denied on January 9, 2023, given that there has been no such change in the law. SO ORDERED. (Signed by Judge Cathy Seibel on 3/8/2023) (vfr)
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Filing
31
DECISION AND ORDER terminating 23 Letter Motion for Extension of Time; terminating 24 Letter Motion for Extension of Time; terminating 25 Letter Motion for Extension of Time; terminating 26 Letter Motion for Extension of Time; terminating 28 Motion to Vacate. Accordingly, the motion to amend is denied and the new claim in the proposed amended petition is dismissed as untimely or, in the alternative, that claim is dismissed as procedurally defaulted. As Petitioner has not made a su bstantial showing of a denial of a constitutional right, a certificate of appealability will not issue. 28 U.S.C. § 2253; Matthews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). The Clerk of Court is respectfully directed to: (1) docket this order in No. 09-CR-274 and No. 15-CV-3941; (2) terminate Docs. 147 and 174 in No. 09-CR-274; (3) terminate Docs. 23-26 and 28 in No. 15-CV-3941; and (4) close No. 15-CV-3941. (Signed by Judge Cathy Seibel on 12/29/2020) (mml)
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