Petitioners Response As To Why Motion Should Not Be Barred By 28 USC 2255 | Pdf Fpdf Doc Docx | New York

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Petitioners Response As To Why Motion Should Not Be Barred By 28 USC 2255 | Pdf Fpdf Doc Docx | New York

Petitioners Response As To Why Motion Should Not Be Barred By 28 USC 2255

This is a New York form that can be used for Western District within Federal, District Court.

Alternate TextLast updated: 5/2/2006

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2255 PETITIONERS RESPONSE AS TO WHY THE MOTION SHOULD NOT BE BARRED BY 28 U.S.C. 22551. A motion attacking sentence must be dismissed if the judge finds that it is untimely.Title 28 U.S.C. 2255 establishes a one-year period of limitations for a motion attackingsentence by a person in federal custody. The limitation period shall run from the latest of (1)the date on which the judgment of conviction becomes final; (2) the date on which theimpediment to making a motion created by governmental action in violation of the Constitutionor laws of the United States is removed, if the petitioner was prevented from making a motionby such governmental action; (3) the date on which the right asserted was initially recognizedby the Supreme Court, if that right has been newly recognized by the Supreme Court and maderetroactively applicable to cases on collateral review; or (4) the date on which the factssupporting the claim or claims presented could have been discovered through the exercise ofdue diligence. 28 U.S.C. 2255.2. Your motion has been found to be subject to dismissal pursuant to 28 U.S.C. 2255 forthe reasons set forth in the Decision and Order accompanying this form.3. This form has been sent so that you may explain why your motion is not untimely asnoted in the Decision and Order. You must fill out this form and return it to the Court by thedeadline specified in the Decision and Order. Failure to do so will result in the automaticdismissal of your motion. You should be sure to include in the Response specific and detailedinformation addressing all of the Courts concerns; you should also include all pertinent dateswhen any collateral attacks were filed and when each was finally determined, if you filed anycollateral attacks. 4. When you have fully completed this form, the original must be mailed to Clerk of the United States District Court 304 U.S. Courthouse 68 Court Street Buffalo, New York 14202.5. This response must be legibly handwritten or typewritten and signed under penalty ofperjury. Any false statement of a material fact may serve as the basis for prosecution andconviction for perjury. All questions must be answered concisely in the proper space on theform. 6. Additional pages are not permitted except with respect to the facts on which you relyin item 4 in the response. Do not cite case law unless there has been a change in the law sincethe sentence you are attacking was rendered.<<<<<<<<<********>>>>>>>>>>>>> 2UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ____________________________________, (Petitioners name and inmate number) Petitioner, v. ____-CV-_________ ____-CR-_________UNITED STATES OF AMERICA, Respondent. PETITIONERS RESPONSE AS TO WHY THE MOTION SHOULD NOT BE BARRED BY 28 U.S.C. 2255 1. Have you had the assistance of an attorney, other law-trained personnel, inmate law clerk or writ writer since the sentence your motion is attacking was entered? YES NO 2. If you checked "yes" above, state as precisely as you can the dates during which you received such assistance, up to and including the present, describe the nature of the assistance and state the names of the people who assisted you. 4. If your motion is in jeopardy under 28 U.S.C. 2255 because it appears to be untimely, explain why you feel that the motion is not untimely. Your explanation should rely on facts, not your opinions or conclusions. 5. Have you filed any collateral attacks on your conviction? YES NO <<<<<<<<<********>>>>>>>>>>>>> 36. If you have filed any collateral attacks, list each such attack, the date of its filing, the date of its determination, and the dates of filing and determination of any appeal. Be thorough and detailed; a collateral attack may toll the running of the statute and without complete information, you may not receive the full benefit of the tolling period. Type of motion Date collateral Date collateral Date appeal Date appeal filed motion filed motion decided filed decided I declare under penalty of perjury that the foregoing is true and correct. Date: (Petitioners Signature and Inmate Number)

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