Opinion
22-CV-305 (VEC) 14-CR-546
09-23-2022
ORDER
VALERIE CAPRONI, UNITED STATES DISTRICT JUDGE
WHEREAS on December 13, 2021, Mr. Martin filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255 and the appointment of an attorney, see Petition, 14-CR-546, Dkt. 702;
WHEREAS the Court construed Mr. Martin's petition as a successive petition for a writ of habeas corpus and a motion for certification under 28 U.S.C. § 2255(h), see 14-CR-546 Dkts. 621, 698; see also 19-CV-2706;
WHEREAS on January 13, 2022, the Court stayed Mr. Martin's petition for a writ of habeas corpus pending the U.S. Court of Appeals for the Second Circuit's review of his motion for certification, id.; and
WHEREAS on September 22, 2022, the Court of Appeals reinstated Mr. Martin's habeas petition, denied his motion for leave to file a successive habeas petition as unnecessary, and transferred this matter to the Court for further proceedings, Dkt. 717;
IT IS HEREBY ORDERED that the Clerk of Court is directed to reopen Mr. Martin's petition for a writ of habeas corpus under docket number 22-CV-305.
IT IS FURTHER ORDERED that Mr. Martin's request for an attorney is DENIED.
IT IS FURTHER ORDERED that the Government must respond to Mr. Martin's petition not later than Monday, November 7, 2022, and Mr. Martin must reply not later than Monday, December 5, 2022.
The Clerk is further directed to mail a copy of this Order to Mr. Martin.
SO ORDERED.