Perez v. United States of America

Filing 7

ORDER. It is hereby: ORDERED that Perez is granted further leave to file a late notice of appeal. Perez is directed to file his notice of appeal on or before October 1, 2020. In light of the fact that Perez will proceed with his direct appeal, his mo tion to supplement his 28 U.S.C. § 2255, (17-CV-5116, Dkt. No. 5; 16-CR-49, Dkt. No. 47), is DENIED as moot. To the extent Perez seeks relief pursuant to 28 U.S.C. § 2255 following the conclusion of his direct appeal, he is directed to file a motion for such relief using civil case number 17-CV-5116. The Clerk of Court is directed to mail a copy of this order to Perez at the address listed in his June 5, 2020 letterJason Perez, Reg. No. 75450-054, F.C.I. Ray Brook, P.O. Box 900, Ray Br ook, NY 12977. SO ORDERED. Denying as moot 5 Petitioners Motion Pursuant to Rule 15, of the Federal Rules of Civil procedure to supplement petitions motion pursuant to 28 section 2255. Document filed by Jason Perez. (Signed by Judge Vernon S. Broderick on 8/18/2020) (rjm) Transmission to Docket Assistant Clerk for processing.

Case 1:17-cv-05116-VSB Document 7 Filed 08/18/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA,
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- against :
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JASON PEREZ,
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Defendant. :
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JASON PEREZ,
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Petitioner, :
- against :
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UNITED STATES OF AMERICA,
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Respondent. :
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8/18/2020

16 Cr. 49 (VSB)
ORDER

17-CV-5116 (VSB)

VERNON S. BRODERICK, United States District Judge:
On July 10, 2017, I granted Defendant and Petitioner Jason Perez’s leave to file an
untimely notice of appeal and thus to proceed with his direct appeal, see United States v. Perez,
No. 16-CR-49, Dkt. No. 46; see also Perez v. United States, 17-CV-5116, Dkt. No. 3. In light of
that Order, I also denied as moot Perez’s motion to vacate his conviction pursuant to 28 U.S.C. §
2255. I further instructed Perez that “[t]o the extent [he] [sought] relief pursuant to 28 U.S.C. §
2255 following the conclusion of his direct appeal, he [was] directed to file a motion for such
relief using” civil case number 17-CV-5116. See Perez, No. 16-CR-49, Dkt. No. 46; see also

Case 1:17-cv-05116-VSB Document 7 Filed 08/18/20 Page 2 of 2

Perez v. United States, 17-CV-5116, Dkt. No. 3. However, my Order was never mailed to Perez
and thus Perez was never notified of his leave to file an untimely notice of appeal, nor my
instruction that he renew his § 2255 following the conclusion of his direct appeal. (See June 5,
2020 Letter from Perez.) Accordingly, it is hereby:
ORDERED that Perez is granted further leave to file a late notice of appeal. Perez is
directed to file his notice of appeal on or before October 1, 2020. In light of the fact that Perez
will proceed with his direct appeal, his motion to supplement his 28 U.S.C. § 2255, (17-CV5116, Dkt. No. 5; 16-CR-49, Dkt. No. 47), is DENIED as moot. To the extent Perez seeks relief
pursuant to 28 U.S.C. § 2255 following the conclusion of his direct appeal, he is directed to file a
motion for such relief using civil case number 17-CV-5116.
The Clerk of Court is directed to mail a copy of this order to Perez at the address listed in
his June 5, 2020 letter—Jason Perez, Reg. No. 75450-054, F.C.I. Ray Brook, P.O. Box 900, Ray
Brook, NY 12977.
SO ORDERED.
Dated: August 18, 2020
New York, New York
______________________
Vernon S. Broderick
United States District Judge

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