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USA v. Bayon (1:18-cr-00163-FPG-JJM)

U.S. District Court for the Western District of New York

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USA v. Bayon (1:18-cr-00163-FPG-JJM)

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  • ORDER re: (Document 208) Letter from Carlos Bayon. Defendant's letter motion (ECF No. (Document 208) ) is DENIED WITHOUT PREJUDICE to renewal in the context of a separate civil action. The Clerk of Court is directed to (a) combine Defendant's letter motion (ECF No. 208) and reply brief (ECF No. 214) into a single document, (b) file that document as the complaint in a new, separate civil action against the United States, (c) notify Defendant of the docket number for his new civil action, and (d) assign the undersigned as the presiding judge in the new civil action.



    In connection with his new civil action, by June 17, 2022, Defendant shall either provide (1) a properly supported motion to proceed in forma pauperis along with the requir ed certification of Defendants inmate trust fund account (or institutional equivalent) and authorization form, or (2) the $350.00 filing fee and the $52.00 administrative fee ($402.00 total). If Defendant fails to do so, the Court wil l direct the Clerk of Court to administratively terminate the new civil action. In addition, by June 17, 2022, Defendant shall file an amended complaint in the new civil action in which he (a) specifically identifies each item of property at issue and (b) provides sufficient allegations to state a claim for relief under Rule 41(g). SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 5/18/2022. copy of NEF and order mailed to defendant.(MFM)

    -CLERK TO FOLLOW UP-

  • DECISION AND ORDER: Defendant's motions for compassionate release (ECF No. 196), to correct his misclassification as a sex offender (ECF No. 197), and to transfer (ECF No. 205), are DENIED.



    The Clerk of Court is directed to send Defendant a copy of the NEF and the order. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 1/12/2022.(MFM)

    -CLERK TO FOLLOW UP-

  • DECISION AND ORDER. The Court accepts and adopts Judge McCarthys (Document 61) R&R in its entirety. Defendants (Document 45) motion to dismiss is DENIED. A Status Conference is set for 6/20/2019 02:00 PM in US Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Frank P. Geraci, Jr. Signed by Hon. Frank P. Geraci, Jr. on 5/10/19. (GMS) A copy of this order has the pro se defendant.

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USA v. Bayon (1:18-cr-00163-FPG-JJM)

U.S. District Court for the Western District of New York

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