Smith v. United States of America

1:24-cv-02821 | New York Southern District Court

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Division Foley Square
Judge Judge Alvin K. Hellerstein
Filed April 15, 2024
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 1:21-cr-00280
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Filing Date # Docket Text
10/30/2024 OPINION & ORDER DENYING § 2255 PETITION For the foregoing reasons, I deny Petitioner's§ 2255 motion. Since "the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief," no fact hearing is necessary. 28 U.S.C. § 2255(b). Because Petitioner has "not made a substantial showing of the denial of a constitutional right," 28 U.S.C. § 2253(c)(2), I decline to issue a Certificate of Appealability. The Clerk of Court shall close 24 Civ. 2821 and terminate ECF No. 1 therein. He alsoshall terminate ECF No. 243 of21 Cr. 280. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 10/30/2024) (jca)
9/25/2024 ORDER REGULATING PROCEEDINGS, At the request of plaintiff's counsel, the closing brief for his habeas petition shall be filed by October 14, 2024. SO ORDERED. ( Brief due by 10/14/2024.) (Signed by Judge Alvin K. Hellerstein on 9/25/24) (yv)
8/30/2024Notice of Redesignation to Magistrate Judge
4/15/2024Case Designated ECF. (gp) (Entered: 04/15/2024)
4/15/2024Magistrate Judge James L. Cott is designated to handle matters that may be referred in this case. 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: 04/15/2024)
4/15/2024DECLARATION of Glen A. Kopp in Support re: 1 Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by Jayquan Smith..(gp) (Entered: 04/15/2024)
4/15/2024 MEMORANDUM OF LAW in Support re: 1 Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by Jayquan Smith..(gp) (Entered: 04/15/2024)
4/15/2024 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 1:21-cr-280 (1) (AKH).Document filed by Jayquan Smith..(gp) (Entered: 04/15/2024)