Benitez-Serrano v. USA
Petitioner: Luis Serrano-Benitez
Respondent: USA
Case Number: 3:2020cv01215
Filed: May 6, 2020
Court: US District Court for the District of Puerto Rico
Presiding Judge: Pedro A Delgado-Hernandez
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28:2255
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 7, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 7, 2020 Opinion or Order Filing 3 ORDER re: #2 "Motion to Vacate, Set Aside, or Correct Indictment for section 924(c)(1)(A)(i) under the "Substantive" Rule in United States v. Davis, S. Ct. 2319 (2019)." The government shall respond not later than June 7, 2020. Signed by Judge Pedro A. Delgado-Hernandez on 5/7/2020. (MPL)
May 6, 2020 Filing 2 MOTION to Vacate, Set Aside or Correct Sentence (2255) (Criminal Number 07-453-PAD-16) file nunc pro tunc as of 04/10/2020 filed by Luis A. Benitez-Serrano, pro se. Responses due by 5/20/2020. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Memorandum, #2 Envelope) (xi) Modified on 5/7/2020 to correct name (xi).
May 6, 2020 Filing 1 COPY OF JUDGMENT of USCA as to Luis A. Benitez-Serrano (16) entered on 05/05/2020; Petitioner Luis A. Benitez-Serrano seeks leave to file a second or successive 28 U.S.C. 2255 motion based on United States v. Davis, 139 S. Ct. 2319 (2019), and related precedent. It appearing that petitioner never pursued a first 2255 motion in the district court, leave from this court is unnecessary. Pursuant to Federal Rule of Appellate Procedure 22(a), petitioner's application is TRANSFERRED to the district court for docketing as a first 2255 motion. The motion shall be deemed filed in the district court on the date petitioner's second or successive application was filed in this court. The court expresses no opinion as to the viability or merits of the claim(s) set out in petitioner's application. (xi) Modified on 5/7/2020 to correct name (xi).

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Respondent: USA
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Petitioner: Luis Serrano-Benitez
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