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Rivera v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Mar 20, 2019
16-CV-5238 (KMW) (S.D.N.Y. Mar. 20, 2019)

Opinion

16-CV-5238 (KMW) 13-CR-424 (KMW)

03-20-2019

JESUS RIVERA, Petitioner, v. UNITED STATES OF AMERICA, Respondent.


OPINION AND ORDER :

On June 8, 2019, petitioner Jesus Rivera ("Rivera") filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. (ECF No. 56.) On January 30, 2019, Rivera filed his reply, as well as a motion to amend or correct his § 2255 petition. (ECF Nos. 73, 74.)

All ECF citations refer to the criminal docket, United States v. Rivera, 1:13-cr-00424-KMW. --------

In his submissions, Rivera raises claims of ineffective assistance of counsel with respect to his counsel at trial, Lee Ginsberg, and his counsel on appeal, Devin McLaughlin. The Court hereby orders both attorneys to respond, by affidavit, to the allegations of ineffective assistance of counsel by April 30, 2019. If this date presents difficulties, the Court is amenable to enlarging the deadline.

Present counsel for Rivera is ordered to serve a copy of this order, as well as a copy of the submissions mentioned above, on Mr. Ginsberg and on Mr. McLaughlin by March 27, 2019.

SO ORDERED. Dated: New York, New York

March 20, 2019

/s/_________

KIMBA M. WOOD

United States District Judge


Summaries of

Rivera v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Mar 20, 2019
16-CV-5238 (KMW) (S.D.N.Y. Mar. 20, 2019)
Case details for

Rivera v. United States

Case Details

Full title:JESUS RIVERA, Petitioner, v. UNITED STATES OF AMERICA, Respondent.

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Mar 20, 2019

Citations

16-CV-5238 (KMW) (S.D.N.Y. Mar. 20, 2019)