U.S. v. Jude, 15 Cr. 355 (JFK) (2019)
Court: District Court, S.D. New York
Number: infdco20190423710
Visitors: 9
Filed: Apr. 18, 2019
Latest Update: Apr. 18, 2019
Summary: OPINION & ORDER JOHN F. KEENAN , District Judge . On May 10, 2018, Defendant Steven Jude ("Jude") filed a motion to vacate his conviction pursuant to 28 U.S.C. 2255. (No. 15 Cr. 355, ECF No. 58.) As this motion was filed before the adjudication of Jude's previous 28 U.S.C. 2255 motion (No. 15 Cr. 355, ECF No. 52), the Court construes this second motion as a motion to amend the original 2255 motion. See Ching v. United States , 298 F.3d 174 , 177 (2d Cir. 2002) ("[I]n general, when a
Summary: OPINION & ORDER JOHN F. KEENAN , District Judge . On May 10, 2018, Defendant Steven Jude ("Jude") filed a motion to vacate his conviction pursuant to 28 U.S.C. 2255. (No. 15 Cr. 355, ECF No. 58.) As this motion was filed before the adjudication of Jude's previous 28 U.S.C. 2255 motion (No. 15 Cr. 355, ECF No. 52), the Court construes this second motion as a motion to amend the original 2255 motion. See Ching v. United States , 298 F.3d 174 , 177 (2d Cir. 2002) ("[I]n general, when a ..
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OPINION & ORDER
JOHN F. KEENAN, District Judge.
On May 10, 2018, Defendant Steven Jude ("Jude") filed a motion to vacate his conviction pursuant to 28 U.S.C. § 2255. (No. 15 Cr. 355, ECF No. 58.) As this motion was filed before the adjudication of Jude's previous 28 U.S.C. § 2255 motion (No. 15 Cr. 355, ECF No. 52), the Court construes this second motion as a motion to amend the original § 2255 motion. See Ching v. United States, 298 F.3d 174, 177 (2d Cir. 2002) ("[I]n general, when a § 2255 motion is filed before adjudication of an initial § 2255 motion is complete, the district court should construe the second § 2255 motion as a motion to amend the pending § 2255 motion."). The Court hereby ORDERS the Government to respond to this motion to amend no later than May 9, 2019.
SO ORDERED.
Source: Leagle
