Siri-Reynoso v. United States of America

New York Southern District Court
Judge:	Colleen Mcmahon
Case #:	1:21-cv-11009
Nature of Suit	510 Prisoner Petitions - Motions to Vacate Sentence
Cause	28:2255 Motion to Vacate / Correct Illegal Sentenc

Case Filed:	Dec 22, 2021
Terminated:	Jan 03, 2023

Docket
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Docket last updated: 04/24/2025 11:59 PM EDT

Monday, December 02, 2024
21		21 appeal USCA Mandate Mon 12/02 3:20 PM MANDATE of USCA (Certified Copy) as to20 Notice of Appeal, filed by Stiven Siri-Reynoso USCA Case Number 23-6768 A notice of appeal was filed on July 11, 2023. An applicant can appeal the denial of a petition for a writ of habeas corpus to challenge a state court conviction or a motion under 28 U.S.C. � 2255 to challenge a federal court conviction only if the district judge or this Court grants permission by issuing a certificate of appealability. See 28 U.S.C. � 2253. The district judge has denied permission by refusing to issue a certificate of appealability. A motion may be made to this Court for a certificate of appealability. The motion must be filed within 28 days after the later of the date the district judge denied permission or the date the notice of appeal was filed. The motion must identify each issue that the appellant intends to raise on appeal and state, with respect to each issue, facts and a brief statement of reasons showing the denial of a constitutional right. Instructions and forms for filing the motion are enclosed with this order. They are also available on the Court's website www.ca2.uscourts.gov. IT IS HEREBY ORDERED that the appeal is dismissed effective September 18, 2024, unless by that date the applicant has filed a motion for a certificate of appealability that complies with this order. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/2/2024. (km) Related: [-]
		appeal Transmission of USCA Mandate/Order to District Judge Mon 12/02 3:21 PM Transmission of USCA Mandate/Order to the District Judge re:21 USCA Mandate.(km) Related: [-]
Thursday, July 13, 2023
		appeal Transmission of Notice of Appeal and Docket Sheet to USCA Thu 07/13 2:12 PM Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:20 Notice of Appeal. (km) Related: [-]
		appeal Appeal Record Sent to USCA - Electronic File Thu 07/13 2:12 PM Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for20 Notice of Appeal filed by Stiven Siri-Reynoso were transmitted to the U.S. Court of Appeals. (km) Related: [-]
Tuesday, July 11, 2023
20		20 appeal Notice of Appeal Thu 07/13 2:10 PM NOTICE OF APPEAL from15 Order on Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by Stiven Siri-Reynoso. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. This document is also filed in case 17cr418. (km) Modified on 7/13/2023 (km) Related: [-]
Friday, May 12, 2023
		misc Mailing Receipt Fri 05/12 8:50 AM MAILING RECEIPT: Document No: 19. Mailed to: Stiven Siri-Reynoso 79315-054 United States Penitentiary, Big Sandy P.O. Box 2068 Inez, KY 41224. (kh) Related: [-]
Thursday, May 11, 2023
19		19 2 pgs order Order on Motion to Amend/Correct Thu 05/11 11:59 AM MEMO ENDORSEMENT denying18 Motion to Amend/Correct18 MOTION to Amend/Correct1 Motion to Vacate/Set Aside/Correct Sentence (2255). ENDORSEMENT: This motion is DENIED. (Signed by Judge Colleen McMahon on 5/10/2023) (rro) Related: [-]
Friday, May 05, 2023
18		18 motion Amend/Correct Mon 05/08 11:57 AM REQUEST FOR LEAVE TO AMEND MOTION UNDER 28:2255 & MOTION FOR RECONSIDERATION OF JUDGMENT, re: (MOTION to Amend/Correct1 Motion to Vacate/Set Aside/Correct Sentence (2255)). Document filed by Stiven Siri-Reynoso.(sc) Related: [-]
Tuesday, March 07, 2023
17		17 motion Extension of Time Tue 03/07 12:31 PM MOTION FOR AN ENLARGEMENT OF TIME, Re: for Extension of Time to submit Memorandum of Facts & Law & Motion to Alter or Amend Judgment. Document filed by Stiven Siri-Reynoso.(sc) Related: [-]
Monday, February 06, 2023
16		16 motion Reconsideration Tue 02/07 11:12 AM MOTION TO ALTER OR AMEND JUDGMENT[for Reconsideration of re;15 Order on Motion to Vacate/Set Aside/Correct Sentence (2255)]; AND REQUEST FOR ENLARGEMENT OF TIME TO SUBMIT MEMORANDUM OF FACTS & LAW IN SUPPORT. Document filed by Stiven Siri-Reynoso.(sc) Related: [-]
Wednesday, January 04, 2023
		misc Mail Order by USPS Wed 01/04 1:14 PM Mailed a copy of15 Order on Motion to Vacate/Set Aside/Correct Sentence (2255), to Stiven Siri-Reynoso 79315-054 United States Penitentiary, Big Sandy P.O. Box 2068 Inez, KY 41224. (dsh) Related: [-]
Tuesday, January 03, 2023
15		15 27 pgs order Order on Motion to Vacate/Set Aside/Correct Sentence (2255) Tue 01/03 4:44 PM DECISION AND ORDER DENYING DEFENDANT'S MOTION TO VACATE, SET ASIDE, OR CORRECT HIS CONVICTION AND SENTENCE: Siri-Reynoso's petition is denied in its entirety. The Court declines to issue a certificate of appealability because there has been no "substantial showing of the denial of a constitutional right." 28 U.S.C. � 2253(c)(2); see United States v. Perez, 129 F.3d 255, 260 (2d Cir. 1997). Further, the Court finds, pursuant to 28 U.S.C. � 1915(a)(3) that any appeal from an order denying Siri-Reynoso's motion would not be taken in good faith. See Feliz v. United States, No. 0l-cv-5544, 2002 WL 1964347, at *7 (S.D.N.Y. Aug. 22, 2002). This constitutes the decision and order of the Court. (Signed by Judge Colleen McMahon on 1/3/2023) (kv) Related: [-]
Wednesday, November 23, 2022
14		14 respoth Traverse Mon 11/28 12:37 PM PETITIONER'S TRAVERSE TO THE GOVERNMENT'S ANSWER TO MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28:2266 BY A PERSON IN FEDERAL CUSTODY. Document filed by Stiven Siri-Reynoso. (sc) Related: [-]
Thursday, November 10, 2022
13		13 order Memo Endorsement Thu 11/10 3:49 PM MEMO ENDORSEMENT on re:12 Letter, filed by Stiven Siri-Reynoso. ENDORSEMENT: Request to submit brief in excess of page limit is granted. SO ORDERED. (Signed by Judge Colleen McMahon on 11/10/2022) (kv) Related: [-]
		misc Mail Order by USPS Thu 11/10 4:18 PM Mailed a copy of13 Memo Endorsement to Stiven Siri-Reynoso 79315-054 United States Penitentiary, Big Sandy P.O. Box 2068 Inez, KY 41224. (dsh) Related: [-]
Monday, November 07, 2022
12		12 misc Letter Wed 11/09 12:52 PM LETTER from Stiven Siri-Reynoso, dated 10/31/22 re: Petitioner asks the Court to accept this request to file memoranda exceeding the page limits in the Individual Practices & Procedures of Chief Judge Colleen McMahon (65 pages). Document filed by Stiven Siri-Reynoso.(sc) Related: [-]
Wednesday, September 28, 2022
		misc Mailing Receipt Wed 09/28 12:55 PM MAILING RECEIPT: Document No: 11. Mailed to: Stiven Siri-Reynoso 79315-054 United States Penitentiary, Big Sandy P.O. Box 2068 Inez, KY 41224. (dsh) Related: [-]
		misc Mailing Receipt Wed 09/28 12:55 PM MAILING RECEIPT: Document No: 11. Mailed to: Stiven Siri-Reynoso 79315-054 United States Penitentiary, Big Sandy P.O. Box 2068 Inez, KY 41224. (dsh) Related: [-]
Tuesday, September 27, 2022
11		11 16 pgs order Order on Motion to Disqualify Tue 09/27 2:50 PM ORDER denying10 Motion to Disqualify. There is no basis for recusal. The application is denied. (Signed by Judge Colleen McMahon on 9/26/2022) (ate) Related: [-]
Tuesday, September 20, 2022
10		10 motion Disqualify Tue 09/20 2:04 PM MOVANT'S MOTION FOR RECUSAL OR DISQUALIFICATION OF JUDICIAL OFFICER FROM HEARING A POST-CONVICTION PROCEEDING UNDER 28:2255 BY A PERSON IN FEDERAL CUSTODY. Document filed by Stiven Siri-Reynoso.(sc) Related: [-]
Monday, July 25, 2022
9		9 motion Stay Tue 07/26 10:54 AM MOTION TO STAY PROCEEDINGS, Re: to Stay proceedings until Discovey Motion has been complete with & Discovery Provided. Document filed by Stiven Siri-Reynoso.(sc) Related: [-]
Monday, July 11, 2022
8		8 misc Letter Tue 07/12 2:04 PM LETTER addressed to Judge Colleen McMahon from S. Siri-Reynoso, dated 7/4/22 re: MOVANTS' ASKING THE COURT FOR DISCOVERY SCHEDULE, AND TO PUT THE PETITION PENDING INTO THE GOVERNMENT DISCLOSED ALL THE MATERIAL THAT THE MOVANT IS REQUESTING TO REPLY TO THE GOVERNMENT MEMORANDUM" - Mr. Siri-Reynoso asks the Court under Federal Rule of Civ. Procedure 26(a) for the surveillance video cameras of this case, DDS Complaint, E-Mail between Attorney Mr. Foy and Mr. Siri-Reynoso etc. Document filed by Stiven Siri-Reynoso.(sc) Related: [-]
Monday, April 25, 2022
7		7 respoth Response (non-motion) Mon 04/25 2:10 PM RESPONSE TO THIS COURT'S ORDER ON 4/2/22 BY JUDGE COLLEEN MCMAHON, re:6 Order on Motion for Sanctions,. Document filed by Stiven Siri-Reynoso. (sc) Related: [-]
Wednesday, April 13, 2022
		misc Mailing Receipt Wed 04/13 10:22 AM MAILING RECEIPT: Document No: 6. Mailed to: Stiven Siri-Reynoso 79315-054 United States Penitentiary, Big Sandy P.O. Box 2068 Inez, KY 41224. (dsh) Related: [-]
		misc Mailing Receipt Wed 04/13 10:22 AM MAILING RECEIPT: Document No: 6. Mailed to: Stiven Siri-Reynoso 79315-054 United States Penitentiary, Big Sandy P.O. Box 2068 Inez, KY 41224. (dsh) Related: [-]
Tuesday, April 12, 2022
6		6 2 pgs order Order on Motion for Sanctions Tue 04/12 1:10 PM MEMO ENDORSEMENT denying5 Motion for Sanctions. ENDORSEMENT: Motion for sanctions Denied - govt submitted its response to defendant's motion and served it on defendant. The Government has reserved defendant in response to this motion. Deft. has 30 days from the date of this order to file a reply. SO ORDERED.. (Signed by Judge Colleen McMahon on 4/12/2022) (kv) Related: [-]
Wednesday, April 06, 2022
5		5 motion Sanctions Wed 04/06 11:51 AM REQUEST(Motion)FOR SANCTIONS: FAILURE TO COMPLY WITH THE SCHEDULING ORDER SET BY COURT ORDER DATED 1/4/22, ORDERED TO ANSWER MOTION TITLED 28:2255 - USDJ - COLLEEN MCMAHON. Document filed by Stiven Siri-Reynoso.(sc) Related: [-]
Wednesday, January 05, 2022
4		4 misc FRCP 4 Service Package - Mailed Wed 01/05 11:29 AM HABEAS PACKAGE MAILED to Stiven Siri-Reynoso 79315-054 United States Penitentiary, Big Sandy P.O. Box 2068 Inez, KY 41224, at, on 1/5/2022 Re:3 Order to Answer. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (aan) Related: [-]
Tuesday, January 04, 2022
3		3 1 pgs order Order to Answer Tue 01/04 11:53 AM 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 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 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. (Signed by Judge Colleen McMahon on 1/4/2022) (kv) Related: [-]
Wednesday, December 22, 2021
1		1 mot2255 Motion to Vacate/Set Aside/Correct Sentence (2255) Mon 12/27 9:12 AM MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 17-cr-418 (CM).Document filed by Stiven Siri-Reynoso..(rdz) Related: [-]
		Att: 1 Exhibit
		utility Case Designated ECF Mon 12/27 9:13 AM Case Designated ECF. (rdz) Related: [-]
		utility Case Designation Mon 12/27 9:16 AM Magistrate 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (rdz) Related: [-]

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