Genovese v. United States

What the order concerns

Nicholas Joseph Genovese filed a motion under 28 U.S.C. § 2255, a procedure allowing a federal prisoner to seek relief from a federal sentence or conviction. The court stated that the motion should not be summarily dismissed as without merit.

What the court ordered

The court directed the Clerk of Court to notify the Criminal Division of the U.S. Attorney’s Office for the Southern District of New York. The U.S. Attorney’s Office had to file an answer or other pleadings responding to the motion by April 7, 2022.

The court specifically directed the government’s response to address, among other issues:

- whether the motion was timely; and - whether Genovese waived the right to bring a later challenge to his sentence.

Genovese was permitted to file a response by May 9, 2022. Unless the court issued another order, the motion would be considered fully submitted on that date. The court also directed that future filings include the criminal docket number and be docketed only in the criminal case, and directed the Clerk to mail Genovese a copy of the order.

Result and significance

The order required the government to respond; it did not grant or deny Genovese’s § 2255 motion and did not decide whether the motion was timely or barred by a waiver. Judge Jesse M. Furman’s order therefore addressed the next procedural step rather than the merits of Genovese’s claims.