Alcindor v. United States of America
| New York Southern District Court | |
| Judge: | George B Daniels |
| Case #: | 1:16-cv-04190 |
| Nature of Suit | 510 Prisoner Petitions - Motions to Vacate Sentence |
| Cause | 28:2255 Motion to Vacate / Correct Illegal Sentenc |
| Case Filed: | Jun 06, 2016 |
| Terminated: | Oct 13, 2016 |
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| Docket last updated: 34 minutes ago |
| Thursday, October 13, 2016 | ||
| 7 | 7
order
Order of Dismissal
Thu 10/13 5:38 PM
ORDER: Accordingly, Alcindor's motion is dismissed as untimely. Additionally, Alcindor waived his right to appeal or otherwise collaterally attack his sentence if he was sentenced to 33-months' imprisonment or less. Because Alcindor was sentenced to 27 months' imprisonment, he waived his right to appeal or collaterally attack his sentence, and this provides an independent basis to dismiss his motion. The Clerk of Court is directed to close the motions docketed as ECF Nos. 48, 49 and 50 in Case Number 13-cr-00628, and ECF No. 4 in Case No. 16-cv-4190. Additionally, the Clerk of Court is directedto close Case Number 16-cv-4190. SO ORDERED. (Signed by Judge George B. Daniels on 10/13/2016) (ama) |
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| Wednesday, September 28, 2016 | ||
| 6 | 6
misc
Letter
Wed 09/28 2:16 PM
LETTER addressed to Judge Loretta A. Preska from Patrick Alcindor, dated 9/22/16 re: Petitioner requests that this matter be reopened for consideration, that the Movant should have been sentenced to time served and is entitled to effective relief now etc. Document filed by Patrick Alcindor.(sc) |
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| Tuesday, September 27, 2016 | ||
| 5 | 5
misc
Letter
Wed 09/28 7:37 AM
LETTER from Patrick Alcindor dated 9/22/16 re: Plaintiff requests that the Court Clerks Office send him a copy of the criminal docket for this case, because he has not received an answer from the respondent nor this Court to his motion under 28:2255. Document filed by Patrick Alcindor.(sc) |
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| Thursday, September 01, 2016 | ||
| 4 | 4
motion
Show Cause
Thu 09/01 11:39 AM
NOTICE OF MOTION (& Motion) FOR ORDER TO SHOW CAUSE AND OTHER RELIEF. Document filed by Patrick Alcindor.(sc) |
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| Thursday, June 23, 2016 | ||
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misc
Mail Order by Certified Mail
Thu 06/23 7:46 AM
Mailed a copy of3 Order to Answer, 28 U.S.C. 2255, to Patrick Alcindor 12-R-0880 Franklin Correctional Facility 62 Barehill Road P.O. Box 10 Malone, NY 12953. (ca) |
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misc
Habeas Information - Mailed
Thu 06/23 8:52 AM
Habeas Information Mailed: Habeas Information Packet mailed to petitioner at the address noted on the petition/court's docket on 6/23/2016. (sbr) |
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| Wednesday, June 22, 2016 | ||
| 3 | 3
order
Order to Answer, 28 U.S.C. 2255
Wed 06/22 5:26 PM
ORDER TO ANSWER, 28 U.S.C. § 2255: 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 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 Respondent's 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. Notice of Appearance due by 7/6/2016. (Signed by Judge George B. Daniels on 6/22/2016) (ama) |
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misc
Transmission to Docket Assistant Clerk
Wed 06/22 5:26 PM
Transmission to Docket Assistant Clerk. Transmitted re:3 Order to Answer, 28 U.S.C. 2255,,,, to the Docket Assistant Clerk for case processing. (ama) |
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| Monday, June 06, 2016 | ||
| 1 | 1
mot2255
Motion to Vacate/Set Aside/Correct Sentence (2255)
Tue 06/07 9:37 AM
MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 13-cr-628 (GBD).Document filed by Patrick Alcindor.(rdz) |
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Exhibit
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utility
Case Designated ECF
Tue 06/07 9:44 AM
Case Designated ECF. (rdz) |
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utility
Case Designation
Tue 06/07 10:13 AM
Magistrate Judge Sarah Netburn is so designated. (rdz) |
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