Martinez v. United States of America

New York Southern District Court
Judge:P Kevin Castel
Case #: 1:25-cv-03638
Nature of Suit510 Prisoner Petitions - Motions to Vacate Sentence
Cause28:2255 Motion to Vacate / Correct Illegal Sentenc
Case Filed:May 01, 2025
Terminated:May 05, 2025

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Docket last updated: 05/09/2025 11:59 PM EDT
Tuesday, May 06, 2025
misc Mailing Receipt Tue 05/06 9:25 AM
MAILING RECEIPT: Document No: 3. Mailed to: Jason Martinez Reg.#88136-054 FCI Ray Brook P.O. Box 900 Ray Brook, NY 12977. (tro)
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Monday, May 05, 2025
3 3 16 pgs order Memorandum & Opinion Mon 05/05 12:49 PM
OPINION AND ORDER: Martinez's motion for section 2255 relief is DENIED. The Clerk is respectfully directed to terminate the motion (19 Cr. 521, ECF 567 & 618) and to close the civil case, Martinez v. United States of America, 25 Civ. 3638 (PKC). Martinez has not made a substantial showing of the denial of a constitutional right, and accordingly, a certificate 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. MAILED TO: Jason Martinez Reg. No. 88136-054 FCI Ray Brook Federal Correctional Institution P.O. Box 900 Ray Brook, NY 12977. (Signed by Judge P. Kevin Castel on 5/5/2025) Copies Mailed By Chambers. (vfr)
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misc Mailing Receipt Mon 05/05 9:16 AM
MAILING RECEIPT: Document No: 2. Mailed to: Jason Martinez Reg.#88136-054 FCI Ray Brook P.O. Box 900 Ray Brook, NY 12977. (vba)
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Thursday, May 01, 2025
2 2 order Standing Order re Cases Filed By Pro Se Plaintiffs Thu 05/01 12:09 PM
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may[LINK:consent to electronic service] to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for[LINK:permission to file documents electronically] . Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 03/18/2024) (sac)
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1 1 mot2255 Motion to Vacate/Set Aside/Correct Sentence (2255) Thu 05/01 12:05 PM
MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 1:19-cr-00536-PKC-5. Document filed by Jason Martinez. (sac)
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utility Case Designated ECF Thu 05/01 12:07 PM
Case Designated ECF. (sac)
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utility Case Designation Thu 05/01 12:08 PM
Magistrate Judge Gabriel W. Gorenstein 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (sac)
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service Note Regarding Service on Self-Represented Party Thu 05/01 12:09 PM
CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see[LINK:Rule 9.2] of the courts ECF Rules & Instructions for further information. (sac)
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