Rivera-Alejandro v. USA
Petitioner: Carlos Rivera-Alejandro
Respondent: USA
Case Number: 3:2024cv01544
Filed: November 26, 2024
Court: U.S. District Court for the District of Puerto Rico
Presiding Judge: Pedro A Delgado-Hernandez
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 23, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 23, 2025 Opinion or Order Filing 7 ORDER re: #6 "United States' Motion to Dismiss as Untimely." Petitioner shall respond not later than February 6, 2025. The Clerk shall provide petitioner with a copy of the motion at Docket No. 6 and of this order. Signed by Judge Pedro A. Delgado-Hernandez on 1/23/2025. (AEM)
January 22, 2025 Filing 6 MOTION to dismiss as untimely as to USA filed by Mariana E. Bauza on behalf of USA. Responses due by 2/5/2025. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Bauza, Mariana)
January 16, 2025 Opinion or Order Filing 5 ORDER: On December 20, 2024, the court ordered respondent to respond to the motion at Docket No. #1 not later than January 10, 2025, but it has not done so. Respondent shall comply with the court's directives and respond to the motion by January 22, 2025. Signed by Judge Pedro A. Delgado-Hernandez on 1/16/2025. (AEM) Modified on 1/16/2025 to correct respond date. (arg).
December 20, 2024 Opinion or Order Filing 4 ORDER re: #1 "Motion for a Rule 60(b)(1)(2) to be Relife from the Judment." On November 26, 2024, the court allowed petitioner until December 16, 2024, to supplement his motion at Docket No. 1, which was originally filed in Crim. No. 9-165 as a motion for relief under Fed. R. Civ. P. 60 (Crim. No. 9-165, Docket No. 5676), but he has not done so. Therefore, respondent shall respond to the motion at Docket No. 1 not later than January 10, 2025. Signed by Judge Pedro A. Delgado-Hernandez on 12/20/2024. (AEM) Modified on 1/14/2025 to correct date as to year (mcm).
November 26, 2024 Filing 3 NOTICE TO PRO SE LITIGANT: The Clerk's Office has received your Pleading. A new case has been opened and assigned to Judge Pedro A. Delgado-Hernandez. Any further documents or correspondence you send to the Clerk's Office concerning your case must include the case number (24-1544 (PAD). All documents for filing must also contain an original signature. Submitted documents are electronically scanned for filing and they become official court record. The quality of the official court record is determined by the quality of the original documents received for filing. Writing should only be on one side of the paper and dark enough for scanning. The Court enforces its rules and expects compliance with all directives; failure to comply with a court rule, federal law, or court directive may result in dismissal. The plaintiff must also keep the Court informed of any address changes. If the Court is not kept informed and multiple items are returned undelivered, the case may be dismissed without prejudice for failure to prosecute. (mcm)
November 26, 2024 Opinion or Order Filing 2 COPY of ORDER filed in Criminal Case No. 96-165 (PAD) re: pro se 5676 "Motion for a Rule 60(b) (1) (2)..." and 5689 "United States' Motion to Recharacterize Defendant's Motion as Under 28 U.S.C. 2255" as to Carlos Rivera-Alejandro (2). The court agrees with the government's position insofar as the motion at Docket No. 5676 should be reclassified as a habeas petition under 28 U.S.C. 2255. The Clerk shall reclassify the motion accordingly and provide defendant with a copy of this order. Defendant may supplement the motion at Docket No. 5676 not later than December 16, 2024. Signed by Judge Pedro A. Delgado-Hernandez on 11/26/2024. (mcm)
November 26, 2024 Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) (Criminal Number 96-165 (PAD)) filed nunc pro tunc as to 10/8/2024 by Carlos Rivera-Alejandro, Pro Se. Responses due by 12/10/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope) (mcm)

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Respondent: USA
Represented By: Mariana E. Bauza
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Petitioner: Carlos Rivera-Alejandro
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