Tucker v. United States of America

1:22-cv-01470 | New York Southern District Court

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Division Foley Square
Judge Judge P. Kevin Castel
Filed Feb. 23, 2022
Case Flags 2255 and ECF
Nature of Suit 510 Prisoner - Vacate Sentence
Cause 28:2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demand None
Related Case 1:16-cr-00091
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Filing Date # Docket Text
8/29/2024 OPINION AND ORDER: The motions of Scott Tucker and Timothy Muir brought pursuant to 28 U.S.C. § 2255 are DENIED. Tucker's motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c) is DENIED. The Clerk is respectfully directed to terminate the motions (ECF 486, 493, 504, 513) and to close the civil cases docketed at 22-cv-1470 (PKC) and 22-cv-8745 (PKC).Tucker and Muir have not made a substantial showing of the denial of a constitutional right, and accordingly, a certifica te of appealability will not issue. 28 U.S.C. § 2253; see Blackman v. Ercole, 661 F.3d 161, 163-64 (2d Cir. 2011). 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 forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).SO ORDERED. (Signed by Judge P. Kevin Castel on 8/28/2024) (vfr)
11/17/2022ORDER: The Court, having concluded that the motion brought under 28 U.S.C. § 2255 should not be summarily dismissed as being without merit, hereby ORDERS that: The Clerk of Court shall electronically notify the Criminal Division of the U.S. Attorney's Office for the Southern District of New York that this order has been issued. Within sixty days of the date of this order, the U.S. Attorney's Office shall file an answer or other pleadings in response to the motion. Movant shall have thirty days from the date on which Movant is served with Respondents answer to file a response. Absent further order, the motion will be considered fully submitted as of that date. All further papers filed or submitted for filing must include the criminal docket number and will be docketed in the criminal case. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/17/2022) (ama) Transmission to Docket Assistant Clerk for processing. (Entered: 11/17/2022)
2/23/2022Case Designated ECF. (gp) (Entered: 02/23/2022)
2/23/2022Magistrate Judge Sarah L. Cave is so designated. 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. (gp) (Entered: 02/23/2022)
2/23/2022 MEMORANDUM OF LAW in Support re: 1 Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by Scott Tucker. (Attachments: # 1 Affidavit Ex A: Affidavit of Scott Tucker, # 2 Exhibit Ex B: Paul Shechtman Biography, # 3 Exhibit Ex C: Paula Junghan Biograph, # 4 Affidavit Ex D: Nadjia Limani Affidavit, # 5 Exhibit Ex E: Tucker's Appeal Brief to Second Circuit).(gp) (Entered: 02/23/2022)
2/23/2022 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 1:16-cr-91-1 (PKC).Document filed by Scott Tucker..(gp) (Entered: 02/23/2022)