Martinez-Castillo v. USA

Martinez-Castillo v. USA

Plaintiff:	Eddy Rafael Martinez-Castillo
Defendant:	United States of America
Case Number:	7:2017cv00762
Filed:	January 30, 2017
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
County:	Westchester
Presiding Judge:	Nelson Stephen Roman
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
July 30, 2019	Filing 12 OPINION & ORDER: For the foregoing reasons, Petitioner's motion is DENIED in its entirety. The Clerk of the Court is respectfully directed to enter judgement for the United States and close this case. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 7/30/2019) (rj) Transmission to Orders and Judgments Clerk for processing.
May 24, 2017	Filing 7 ORDER: The Clerk of Court is directed to mail a copy of this order to Movant. The Court further directs the Clerk of Court to vacate the order to answer in No. 17-CV-762 (ECF No. 3) and to administratively close the action under docket number 17-CV-2 134 (NSR). The Court directs Movant, within thirty days, to: (1) notify the Court in writing if he wishes to withdraw his application under docket number 17-CV-762 (NSR) pending resolution of his direct appeal, without prejudice to refiling; or (2) f ile an amended § 2255 motion under docket number in No. 17-CV-0762 raising all of his grounds for relief. The notice of withdrawal or amended motion must be submitted to this Court's Pro Se Intake Unit within thirty days of the date of this order and bear the docket number 17-CV-762 (NSR). For Movant's convenience, an § 2255 Motion form is attached to this order. Because Movant has not at this time made a substantial showing of a denial of a constitutional right, a certificat e of appealability will not issue. See 28 U.S.C. § 2253. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and therefore in for ma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Nelson Stephen Roman on 5/24/2017) (rj)

Date Filed

Document Text

July 30, 2019

Filing 12 OPINION & ORDER: For the foregoing reasons, Petitioner's motion is DENIED in its entirety. The Clerk of the Court is respectfully directed to enter judgement for the United States and close this case. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 7/30/2019) (rj) Transmission to Orders and Judgments Clerk for processing.

May 24, 2017

Filing 7 ORDER: The Clerk of Court is directed to mail a copy of this order to Movant. The Court further directs the Clerk of Court to vacate the order to answer in No. 17-CV-762 (ECF No. 3) and to administratively close the action under docket number 17-CV-2 134 (NSR). The Court directs Movant, within thirty days, to: (1) notify the Court in writing if he wishes to withdraw his application under docket number 17-CV-762 (NSR) pending resolution of his direct appeal, without prejudice to refiling; or (2) f ile an amended § 2255 motion under docket number in No. 17-CV-0762 raising all of his grounds for relief. The notice of withdrawal or amended motion must be submitted to this Court's Pro Se Intake Unit within thirty days of the date of this order and bear the docket number 17-CV-762 (NSR). For Movant's convenience, an § 2255 Motion form is attached to this order. Because Movant has not at this time made a substantial showing of a denial of a constitutional right, a certificat e of appealability will not issue. See 28 U.S.C. § 2253. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and therefore in for ma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Nelson Stephen Roman on 5/24/2017) (rj)

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Defendant: United States of America
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Plaintiff: Eddy Rafael Martinez-Castillo
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