Rivera v. United States of America

Filing 5

ORDER: On August 17, 2016, the Court entered an order holding Defendant Hector Riveras § 2255 petition in abeyance pending (1) a decision from the Court of Appeals in United States v. Barrett (14-2641) and (2) a decision on a request for cer tiorari or rehearing in United States v. Hill (14-3872). On August 30, 2019, the Court of Appeals resolved the former. See United States v. Barrett, 937 F.3d 126 (2d Cir. 2019). On January 7, 2019, the Supreme Court resolved the latter. See Hill v. U nited States, 139 S. Ct. 844 (2019). In light of those developments, Plaintiff and Counsel shall confer and inform the Court by letter no later than September 15, 2021 of the status of the action/remaining claims/defendants. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/8/2021) (va)

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Case 1:16-cv-04600-LAP Document 5 Filed 09/08/21 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, No. 08-CR-1327 (LAP) -against- No. 16-CV-4600 (LAP) HECTOR RIVERA, ORDER Defendant. LORETTA A. PRESKA, Senior United States District Judge: On August 17, 2016, the Court entered an order holding Defendant Hector Rivera’s § 2255 petition in abeyance pending (1) a decision from the Court of Appeals in United States v. Barrett (14-2641) and (2) a decision on a request for certiorari or rehearing in United States v. Hill (14-3872). On August 30, 2019, the Court of Appeals resolved the former. See United States v. Barrett, 937 F.3d 126 (2d Cir. 2019). On January 7, 2019, the Supreme Court resolved the latter. States, 139 S. Ct. 844 (2019). See Hill v. United In light of those developments, Plaintiff and Counsel shall confer and inform the Court by letter no later than September 15, 2021 of the status of the action/remaining claims/defendants. SO ORDERED. Dated: September 8, 2021 New York, New York __________________________________ LORETTA A. PRESKA Senior United States District Judge 1

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