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14-895 - Batista v. United States of America


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14-895 - Batista v. United States of America
August 31, 2016
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ORDER denying 13 Motion to Strike ; granting in part and denying in part 23 Motion for Discovery --- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Petitioner's Motion to Strike is denied in its entirety and the Motion for Discovery is granted in part. Accordingly, it is hereby ORDERED that Anthony Ricco, John Moschella and a representative from the government's trial team shall each file affidavits describing any plea offers made by the government, including the dates on which dates any offers were extended and expired. Such affidavits are to be filed no later than October 3, 2016. The Clerk of the Court is directed to mail a copy of this Electronic Order and Attached Written Memorandum and Order to Petitioner and a copy be emailed to Mssrs. Anthony Ricco and John Moschella. SO ORDERED by Chief Judge Dora Lizette Irizarry on 8/31/2016. (Irizarry, Dora)
August 25, 2017
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ORDER denying 47 Motion for Reconsideration ; denying 52 Motion to Amend/Correct/Supplement -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Petitioner's motions for Reconsideration, to Strike and to Amend the Petition are denied. SO ORDERED by Chief Judge Dora Lizette Irizarry on 8/25/2017. (Irizarry, Dora)
March 30, 2018
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ORDER DENYING PETITION PURSUANT TO 28 U.S.C. § 2255 -- For the reasons set forth in the ATTACHED WRITTEN OPINION AND ORDER, Petitioner's 28 U.S.C. § 2255 motion is denied in its entirety. Petitioner is further denied a certificate of appealability as he fails to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); See Fed. R. App. P. 22(b); Lucidore v. New York State Div. of Parole, 209 F.3d 107, 112 (2d Cir. 2000). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Opinion and Order would not be taken in good faith, and, therefore, in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). While Petitioner initially filed his petition pro se, he currently is represented by counsel. Accordingly, the Clerk of the Court is directed to remove the pro se designation from the docket. The Clerk of the Court is further directed to close this case. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/30/2018. (Irizarry, Dora)