Jordan v. United States of America

Filing 29

ORDER denying 28 Motion re: 28 MOTION TO CORRECT MISFILING, AND MOTION TO PROCEED UNDER RULE 60(b) IN SEC. 2255 CASE. Accordingly, it is hereby ORDERED that the motions, docketed on February 2, 2021 in 08-cr-124 and on February 23, 2021 in 18-cv-3372, are denied. IT IS FURTHER ORDERED that the Clerk of Court shall mail Jordan a copy of this Order and note mailing on the docket. SO ORDERED. (Signed by Judge Denise L. Cote on 2/23/2021) (jca) Transmission to Docket Assistant Clerk for processing.

Case 1:18-cv-03372-DLC Document 29 Filed 02/23/21 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
UNITED STATES OF AMERICA,
:
:
-v:
:
JOSEPH JORDAN,
:
:
Defendant.
:
:
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20cv10812 (DLC)
18cv3372 (DLC)
08cr124 (DLC)
ORDER

DENISE COTE, District Judge:
On August 4, 2020, Joseph Jordan filed a motion under Rule
60(b), Fed R. Civ. P.

In that motion, he sought reconsideration

of this Court’s August 2019 denial of his petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2255.

Jordan’s Rule 60(b)

motion was denied in an opinion dated December 21, 2020 (the
“December 21, 2020 Opinion”).
Separately, on December 16, 2019, Jordan filed a pro se
motion for return of property on his criminal case docket
(docket number 08-cr-124), and on August 4, 2020, Jordan renewed
that motion on the docket for his petition for a writ of habeas
corpus (docket number 18-cv-3372).

On December 21, 2020, the

Clerk of Court was ordered by this Court to assign a civil
docket number to his motions for return of property.

That day,

the Clerk of Court entered the motions for return of property,
as well as the Rule 60(b) motion that was denied in the December
21, 2020 Opinion, on a new civil docket (docket number 20-cv-

Case 1:18-cv-03372-DLC Document 29 Filed 02/23/21 Page 2 of 3

10812).

On January 20, 2021, in an order entered on docket

number 20-cv-10812, Jordan was ordered to pay the filing fee or
request authorization to proceed in forma pauperis in his civil
action for return of property (the “January 20, 2021 Order”).
Jordan has now filed a series of submissions styled as a
“Renewed Motion for Appointment of Counsel,” “Notice of
Objections Regarding Section 2255 Proceedings,” and “Notice of,
and Motion to Correct, Misfiling and Motion To Proceed Under
Rule 60(b) in Sec. 2255 Case.” 1

In this series of submissions,

Jordan primarily argues that this Court erroneously opened a new
civil docket, No. 20-cv-10812, for consideration of his Rule
60(b) motion, and incorrectly seeks a filing fee before
considering the Rule 60(b) motion.
Jordan’s argument is mistaken.

This Court has already

considered Jordan’s Rule 60(b) motion and rejected it as
untimely in the December 21, 2020 Opinion.

The new civil

docket, No. 20-cv-10812, was opened for consideration of
Jordan’s motion for return of property.

The filing fee

requested in the January 20, 2021 Order applies to the
consideration of Jordan’s motion for return of property, not the
Rule 60(b) motion.

If Jordan wishes to proceed with his motion

Jordan’s motion was filed on docket number 08-cr-124 on
February 2, 2021, and on docket number 18-cv-03372 on February
23, 2021. It has not been filed on docket number 20-cv-10812.
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2

Case 1:18-cv-03372-DLC Document 29 Filed 02/23/21 Page 3 of 3

for return of property, he must submit the required $402.00
filing fee or submit an in forma pauperis application and
associated prisoner authorization form under docket number 20cv-10812 (DLC) by March 8, 2021.

Accordingly, it is hereby

ORDERED that the motions, docketed on February 2, 2021 in
08-cr-124 and on February 23, 2021 in 18-cv-3372, are denied.
IT IS FURTHER ORDERED that the Clerk of Court shall mail
Jordan a copy of this Order and note mailing on the docket.
SO ORDERED:
Dated:

New York, New York
February 23, 2021
____________________________
DENISE COTE
United States District Judge

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