Lopez v. United States of America
| New York Southern District Court | |
| Judge: | Colleen Mcmahon |
| Case #: | 1:16-cv-09095 |
| Nature of Suit | 510 Prisoner Petitions - Motions to Vacate Sentence |
| Cause | 28:2255 Motion to Vacate / Correct Illegal Sentenc |
| Case Filed: | Nov 21, 2016 |
| Terminated: | Jan 29, 2019 |
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| Docket last updated: 04/17/2024 11:59 PM EDT |
| Monday, September 28, 2020 | ||
| 31 | 31
appeal
USCA Mandate
Mon 09/28 3:05 PM
MANDATE of USCA (Certified Copy) as to21 Notice of Appeal, filed by Gibron Lopez. USCA Case Number 19-529. Appellant, pro se, moves for a certificate of appealability. Upon due consideration, it is hereby ORDERED that the motion is DENIED and the appeal is DISMISSED as moot because the district court has granted Appellant's 28 U.S.C. § 2255 motion, vacated his conviction, and there are no live issues in the appeal. See Fort Knox Music, Inc. v. Baptiste, 257 F.3d 108, 110 (2d Cir. 2001).. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/28/2020. [This document also entered in case: 15-cr-0002-1].(nd) |
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| Thursday, August 06, 2020 | ||
| 30 | 30
misc
Letter
Thu 08/06 11:47 AM
LETTER addressed to Clerk of Court from Gibran Lopez dated 7/28/2020 re: I am writing to inquire if you forwarded my request to the Court of Appeals at 40 Foley Square and/or if my request was entered into the docket at 500 Pearl Street. (jca) |
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| Monday, May 18, 2020 | ||
| 29 | 29
4
pgs
order
Order of Dismissal
Mon 05/18 5:34 PM
ORDER VACATING CONVICTION AND DISMISSING CASE PURSUANT TO 28 USC § 2255: Accordingly, defendant's conviction and sentence on Count Two are vacated and the case is dismissed. This constitutes the order of the Court. (Signed by Judge Colleen McMahon on 5/18/2020) (rro) |
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| Wednesday, April 29, 2020 | ||
| 28 | 28
respm
Response to Motion
Wed 04/29 7:54 PM
RESPONSE to Motion re:20 MOTION to Amend/Correct1 Motion to Vacate/Set Aside/Correct Sentence (2255). . Document filed by United States of America..(Castellano, Gina) |
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| Tuesday, January 21, 2020 | ||
| 27 | 27
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pgs
order
Order on Motion to Stay
Tue 01/21 1:05 PM
ORDER granting26 Letter Motion to Stay. Stay continued until Cert petition is fully decided. (Signed by Judge Colleen McMahon on 1/21/2020) (mml) |
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| 26 | 26
motion
Stay
Tue 01/21 7:47 AM
LETTER MOTION to Stay addressed to Judge Colleen McMahon from Christopher J. DiMase dated January 21, 2020. Document filed by United States of America.(Dimase, Christopher) |
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| Tuesday, December 10, 2019 | ||
| 25 | 25
1
pgs
order
Order on Motion to Stay
Tue 12/10 1:27 PM
ORDER granting24 Letter Motion to Stay. Motion stayed pending resolution of defendant's appeal on docket 18-1040 (Signed by Judge Colleen McMahon on 12/10/2019) (mml) |
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| Monday, December 09, 2019 | ||
| 24 | 24
motion
Stay
Mon 12/09 6:57 PM
LETTER MOTION to Stay addressed to Judge Colleen McMahon from Christopher J. DiMase dated December 9, 2019. Document filed by United States of America.(Dimase, Christopher) |
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| Thursday, August 08, 2019 | ||
| 23 | 23
appeal
USCA Order - Other
Thu 08/08 4:42 PM
ORDER of USCA (Certified Copy) as to21 Notice of Appeal, filed by Gibron Lopez. USCA Case Number 19-0529 Appellant, pro se, moves to recall the mandate and reinstate the appeal. IT IS HEREBY ORDERED that the motion is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 08/08/2019. (nd) |
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| Wednesday, June 05, 2019 | ||
| 22 | 22
appeal
USCA Mandate
Wed 06/05 4:26 PM
MANDATE of USCA (Certified Copy) as to21 Notice of Appeal, filed by Gibron Lopez USCA Case Number 19-0529 IT IS HEREBY ORDERED that the appeal is dismissed effective May 2, 2019 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: 6/5/2019. (Original Document Entered in Criminal Case #15-cr-0002-1, Doc. #120) (tp) |
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appeal
Transmission of USCA Mandate/Order to District Judge
Wed 06/05 4:26 PM
Transmission of USCA Mandate/Order to the District Judge re:22 USCA Mandate. (tp) |
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| Friday, March 01, 2019 | ||
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appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Fri 03/01 2:16 PM
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:21 Notice of Appeal. (tp) |
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appeal
Appeal Record Sent to USCA - Electronic File
Fri 03/01 2:16 PM
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for21 Notice of Appeal, filed by Gibron Lopez were transmitted to the U.S. Court of Appeals. (tp) |
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| Thursday, February 28, 2019 | ||
| 21 | 21
appeal
Notice of Appeal
Fri 03/01 2:14 PM
NOTICE OF APPEAL from19 Order on Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by Gibron Lopez. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Original Document Entered in Criminal Case #15-cr-0002-1, Doc. #119) (tp) |
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| Thursday, February 21, 2019 | ||
| 20 | 20
motion
Amend/Correct
Thu 02/21 3:01 PM
PETITIONER'S MOTION FOR LEAVE TO AMEND; re: to Amend/Correct1 Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by Gibron Lopez.(sc) |
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| Tuesday, January 29, 2019 | ||
| 19 | 19
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pgs
order
Order on Motion to Vacate/Set Aside/Correct Sentence (2255)
Tue 01/29 12:27 PM
DECISION AND ORDER DENYING PETITIONER'S MOTION TO VACATE OR SET ASIDE HIS CONVICTION AND SENTENCE PURSUANT TO 28 U.S.C. § 2255 on Motion to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255): Petitioner's motion to vacate his conviction is denied. 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. Section 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. § l 915(a)(3) that any appeal from an order denying Petitioner's motion would not be taken in good faith. See Feliz v. United States, 2002 WL 1964347, at *7 (S.D.N.Y. 2002). This constitutes the order of the Court. (Signed by Judge Colleen McMahon on 1/25/2019) Copies Mailed By Chambers. (jwh) |
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| Thursday, August 16, 2018 | ||
| 18 | 18
1
pgs
order
Order
Thu 08/16 4:27 PM
ORDER REGARDING THE TIMING OF THE GOVERNMENT'S RESPONSE IN CONNECTION WITH DEFENDANT'S MOTION TO SET ASIDE HIS CONVICTION BASED ON JOHNSON v. UNITED STATES: Upon its own reconsideration, the Court grants the Government one last 90 day adjournment in the hope that the Court of Appeals will finally render its decision in Barrett. I understand that additional briefs were recently filed in the Court of Appeals and that the Government believes the case is fully submitted. It obviously behooves the Court to wait for the appellate court's guidance before resolving Mr. Lopez's motion. However, this is truly one last adjournment. While it would be preferable to have the benefit of the appellate court's thinking on this particular "Johnson issue," the district court cannot wait much longer before getting this incarcerated defendant a ruling on his motion, which was filed almost two years ago. (Signed by Judge Colleen McMahon on 8/16/2018) Copies Mailed By Chambers. (mml) |
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| Tuesday, June 19, 2018 | ||
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misc
Received Returned Mail
Tue 06/19 9:25 AM
Received returned mail re:17 Endorsed Letter, Set Deadlines. Mail was addressed to Gibron Lopez 71793-054 Federal Correctional Facility P.O. Box 2000 White Deer, PA 17887 and was returned for the following reason(s): Return to Sender, Not deliverable as addressed, unable to forward. (rro) |
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| Monday, May 14, 2018 | ||
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misc
Mail Order by Certified Mail
Mon 05/14 9:02 AM
Mailed a copy of17 Endorsed Letter Set Deadlines to Gibron Lopez 71793-054 Federal Correctional Facility P.O. Box 2000 White Deer, PA 17887. (mhe) |
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| Friday, May 11, 2018 | ||
| 17 | 17
order
Endorsed Letter ~Util - Set Deadlines
Fri 05/11 5:41 PM
ENDORSED LETTER: addressed to Judge Colleen McMahon, from Gina Castellano and Christopher J. DiMase, dated May 7, 2018, re: Extension of time. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 5/11/2018) (ap) |
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misc
Transmission to Docket Assistant Clerk
Fri 05/11 5:43 PM
Transmission to Docket Assistant Clerk. Transmitted re:17 Endorsed Letter to the Docket Assistant Clerk for case processing. (ap) |
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| Tuesday, February 06, 2018 | ||
| 16 | 16
order
Endorsed Letter ~Util - Set Deadlines
Wed 02/07 7:48 AM
ENDORSED LETTER addressed to Judge Colleen McMahon from Gina Castellano and Christopher J. DiMase dated 2/3/18 re: The Government respectfully requests an adjournment of approximately 90 days, until May 7, 2018, for filing its response to the Petition. ENDORSEMENT: OK. ( Responses due by 5/7/2018) (Signed by Judge Colleen McMahon on 2/5/2018) (mro) |
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| Monday, November 13, 2017 | ||
| 15 | 15
2
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Mon 11/13 5:12 PM
ORDER granting14 Letter Motion for Extension of Time to File Response/Reply. OK - adjournment granted - but I am not prepared to wait on the Second Circuit forever. Responses due by 2/5/2018. (Signed by Judge Colleen McMahon on 11/9/2017) (kgo) |
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| Wednesday, November 08, 2017 | ||
| 14 | 14
motion
Extension of Time to File Response/Reply
Wed 11/08 7:24 PM
LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Colleen McMahon from USA dated 11/8/2017. Document filed by United States of America.(Castellano, Gina) |
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| Tuesday, November 07, 2017 | ||
| 13 | 13
2
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Tue 11/07 4:45 PM
MEMO ENDORSEMENT with respect to12 Letter Motion for Extension of Time to File Response/Reply. ENDORSEMENT: When is/was the Circuit argument in Barrett? Hill is already decided, is it not? (Signed by Judge Colleen McMahon on 11/7/2017) (kgo) |
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| Monday, November 06, 2017 | ||
| 12 | 12
motion
Extension of Time to File Response/Reply
Mon 11/06 1:23 PM
LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Colleen McMahon from USA dated 11/6/2017. Document filed by United States of America.(Castellano, Gina) |
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| Friday, September 29, 2017 | ||
| 11 | 11
misc
Letter
Mon 10/02 10:55 AM
LETTER addressed to Judge Colleen McMahon from Gibron Lopez dated 9/11/2017 re: requesting petition to be held in abeyance in order to amend. Document filed by Gibron Lopez.(sac) |
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| Thursday, May 11, 2017 | ||
| 10 | 10
order
Order on Motion for Extension of Time to File Response/Reply
Thu 05/11 5:24 PM
ORDER granting9 Letter Motion for Extension of Time to File Response/Reply. Govt's motion for 90 day extension of the response deadline is granted. (Signed by Judge Colleen McMahon on 5/11/2017) (kgo) |
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| Tuesday, May 09, 2017 | ||
| 9 | 9
motion
Extension of Time to File Response/Reply
Tue 05/09 1:34 PM
SECOND LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Colleen McMahon from USA dated 5/9/2017. Document filed by United States of America.(Castellano, Gina) |
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| Tuesday, April 11, 2017 | ||
| 8 | 8
order
Endorsed Letter
Tue 04/11 12:10 PM
ENDORSED LETTER addressed to Judge Katherine Polk Failla from Gibron Lopez dated 4/3/2017 re: Request for help tracking down a response. ENDORSEMENT: The Court adj the Govt's deadline to respond to 2255 motion 90 days from Feb 13, 2017, to await Court of Appeals decision in US v. Hill, which implicates issues raised in the instant petition. (Signed by Judge Colleen McMahon on 4/11/2017) Copies Mailed By Chambers. (kgo) |
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| Wednesday, February 22, 2017 | ||
| 7 | 7
order
Order on Motion for Extension of Time to File Response/Reply
Wed 02/22 4:09 PM
ORDER granting6 Letter Motion for Extension of Time to File Response/Reply. OK. (Signed by Judge Colleen McMahon on 2/14/2017) (kgo) |
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| Saturday, February 11, 2017 | ||
| 6 | 6
motion
Extension of Time to File Response/Reply
Sat 02/11 10:07 AM
LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Colleen McMahon from Christopher J. DiMase dated 2/11/2017. Document filed by United States of America.(Dimase, Christopher) |
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| Tuesday, December 13, 2016 | ||
| 5 | 5
notice
Notice of Appearance
Tue 12/13 12:05 PM
NOTICE OF APPEARANCE by Gina Marie Castellano on behalf of United States of America. (Castellano, Gina) |
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| 4 | 4
notice
Notice of Appearance
Tue 12/13 11:15 AM
NOTICE OF APPEARANCE by United States of America. Responses due by 2/13/2017 (Dimase, Christopher) |
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| 3 | 3
order
Order to Answer, 28 U.S.C. 2255
Tue 12/13 10:27 AM
ORDER TO ANSWER MOTION FILED PURSUANT TO 28 U.S.C. § 2255. The U.S. Attorney's Office has sixty days from the date of this order to file an answer or other pleading in response to the instant petition. Petitioner shall have thirty days from the date on which Petitioner is served with the Government's answer to file a response. Absent further order, the motion will be considered fully submitted as of that date. All papers filed or submitted for filing must include the civil and criminal docket numbers and will be docketed in the criminal case. So ordered. (Notice of Appearance due by 12/27/2016). (Signed by Judge Colleen McMahon on 12/12/2016) (rjm) |
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misc
Habeas Information - Mailed
Tue 12/13 10:59 AM
Habeas Information Mailed: Habeas Information Packet mailed to petitioner at the address noted on the petition/court's docket on 12/13/2016 via Regular Mail. (nb) |
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misc
Mail Order by Certified Mail
Tue 12/13 3:40 PM
Mailed a copy of3 Order to Answer, 28 U.S.C. 2255, to Gibron Lopez, 71793-054, Federal Correctional Facility, P.O. Box 2000, White Deer, PA 17887. (jwh) |
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| Monday, November 21, 2016 | ||
| 1 | 1
mot2255
Motion to Vacate/Set Aside/Correct Sentence (2255)
Wed 11/23 10:24 AM
MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 15-cr-02 (VM).Document filed by Gibron Lopez.(rdz) |
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utility
Case Designated ECF
Wed 11/23 10:24 AM
Case Designated ECF. (rdz) |
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utility
Case Designation
Wed 11/23 10:26 AM
Magistrate Judge James L. Cott is so designated. (rdz) |
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