Martinez v. United States
- Denny Chin
- 1:20-cv-02723
- U.S. District Court · Southern District of New York
- 2
In Martinez v. United States, Judge Chin ordered the Government to answer Johnny Martinez’s successive petition and set a reply deadline.
Johnny Martinez and the United States Government, which was ordered to respond to Martinez’s petition by March 1, 2021; Martinez was given until March 29, 2021, to file reply papers if he wished.
What happened
In Martinez v. United States, Johnny Martinez had asked to file another post-conviction challenge to his conviction under a federal firearms statute. The Second Circuit allowed him to file it.
The district court opened a new civil case for the petition and ordered the Government to respond within 30 days. The Government did not respond by the time of this order.
Judge Chin ordered the Government to respond by March 1, 2021, and gave Martinez until March 29, 2021, to file reply papers if he wished. The order did not decide the petition’s merits.
The detailed version
- Martinez v. United States · No. 1:20-cv-02723
- Denny Chin
- Feb. 9, 2021
Background
Johnny Martinez sought permission to file a successive motion under 28 U.S.C. § 2255, a procedure allowing a federal prisoner to challenge a conviction or sentence after an earlier motion. His challenge concerned his conviction under 18 U.S.C. § 924(c), based on conspiracy to commit murder, and relied on Johnson v. United States and United States v. Davis. On March 11, 2020, the Second Circuit granted Martinez permission to file the successive motion.
On April 1, 2020, the district court opened a new civil action and docketed Martinez’s petition. The court ordered the United States Attorney’s Office to file an answer or another response within 30 days and allowed Martinez 30 days to respond after being served with the Government’s filing. The Government did not respond.
Order
The court ordered the Government to respond to Martinez’s motion by Monday, March 1, 2021. It also ordered that, if Martinez wished to submit reply papers, he must do so by Monday, March 29, 2021. The Clerk of Court was directed to mail the order to Martinez and the Government.
Disposition and significance
This was a scheduling order. Judge Denny Chin, a United States Circuit Judge sitting by designation, did not rule on whether Martinez’s successive petition should be granted or denied and did not decide the underlying challenge to his conviction.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.