Peguero Delarosa v. United States of America

Filing 6

ORDER: Because the Petitioner has not filed his opening brief, his motion to vacate (12-cr-639) and §2255 petition (16-cv-5003) are DENIED with prejudice. This resolves Case No. 16-cv-05003 Dkt. No. 1 and Case No. 12-cr-639 Dkt. No. 29. The C ourt is unable to mail a copy of this Order to the Petitioner because, after being released from custody, Petitioner did not update his mailing address. The Clerk of Court is respectfully directed to close Case No. 16-cv-05003. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 3/31/2021) (cf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

3/31/21

Carlos Peguero Delrosa,
Petitioner,

16-cv-05003 (AJN)
12-cr-639 (AJN)

–v–

ORDER

United States,
Respondent.
ALISON J. NATHAN, District Judge:

The Court has issued multiple orders requiring the Petitioner to file his opening brief.
Most recently, on February 16, 2021, the Court instructed the Petitioner that if he did not file by
March 30, 2021, his § 2255 petition would be dismissed for failure to prosecute. Because the
Petitioner has not filed his opening brief, his motion to vacate (12-cr-639) and §2255 petition
(16-cv-5003) are DENIED with prejudice.
The Court finds 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 any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
This resolves Case No. 16-cv-05003 Dkt. No. 1 and Case No. 12-cr-639 Dkt. No. 29.
The Court is unable to mail a copy of this Order to the Petitioner because, after being released
from custody, Petitioner did not update his mailing address. The Clerk of Court is respectfully
directed to close Case No. 16-cv-05003.

SO ORDERED.

1

Dated: March 31, 2021
New York, New York

____________________________________
ALISON J. NATHAN
United States District Judge

2