Datta v. United States

District Court, S.D. New York·Decided February 2, 2024·No. 1:14-cv-08653·Unknown

Opinion

Memorandum Endorsement United States v. Datta, 11-cr-0102. 14-cv-8653 (LAK) Vikram Datta, an apparently indefatigable pro se litigant, endlessly attacks his long- since affirmed’ convictions for conspiracies to commit money laundering and to travel internationally in aid of racketeering. He now purports to move pursuant to the Freedom of Information Act (““FOIA)”) —both in the long-since completed criminal case and ina now concluded civil docket assigned to a Section 2255 motion’ — “for clarification & solicitation of the records supporting jurisdiction of the government to prosecute the petitioner and ruling(s) of the honorable court.” The application is DENIED. Among other reasons supporting this result that need not be stated here, are these: First, neither of the cases in which Datta has filed this purported action remain pending. If he wishes to file an action for relief under FOIA, he must commence a new civil action in an appropriate venue and, absent in forma pauperis relief, pay the requisite filing fee. Second, the clarification and records Datta purports to seek would be from the court. A FOIA request, however, must be directed to an “agency” of the United States government. 5 U.S.C. § 552, passim. The statutory definition of “agency” specifically and explicitly excludes “the coutts of the United States.” fd. § 551(1)(B). SO ORDERED. Dated: February 2, 2024 Lewis A. Kaplan casey onl United States District Judge

\ SEI TUT ST TEND erg peed United States v. Datta, No. 12-647-cr (2d Cir. filed Feb. 21, 2013). No. 14-8653 (S.D.N.Y. filed Nov. 3, 2014).

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YOK (SDNY)

VHCRAM DATTA PETITIONER V. CASE: 11-cr-0102; 11-cr-0102-LAK; 14-cv-8653-(LAK) UNITED STATES OF AMERICA RESPONDENT 5 USC Section 552(a) Motion for Clarification & Solicitation of the Records Supporting Jurisdiction of the Government to Prosecute the Petitioner and Ruling(s} of the Honorable Court’

VIKRAM DATTA, prose USM # 64542054 7512 Delfina Drive Laredo, TX. 78041

To The Cierk of the District Court 500 Pearl Street New York, NY, 10007 Case: 11-cr-0102; 11-cr-0102-LAK; 14-cv-8653-LAK.

CLEERK OF THE COURT: Enclosed please find my “5 USC Section 552(a} Motion for Clarification &Solicitatian of the Records Supporting Jurisdiction of the Government to Prosecute the Petitioner and Ruling(s} of the Honorable Court” that | have prepared pro-se. Kindly file my motion, and as | am in home confinement, please send any and ail mailings to me at the address below my signature line.

Thanks for your assistance and courtesies, Respectfully Submitted

hers Dall 24 24 Vikram Datta pro-se, Date USM# 64542054 7512 Delfina Dr. Laredo, TX. 78044

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YOK (SDNY)

VIKRAM DATTA PETITIONER V. CASE: 11-cr-00102; 11-cr-0102-LAK; 14-cv-8653 (LAK} UNITED STATES OF AMERICA RESPONDENT

CERTIFICATE OF SERVICE The undersigned, pro se, hereby certifies that a true and correct copy of the “5 USC Section 552(a) Motion for Clarification & Solicitation of the Records Supporting Jurisdiction of the Government to Prosecute the Petitioner and Ruling(s} of the Honorable Court” has been mailed to the United States Attorney's Office (SDNY) at 1 Saint Andrew’s Plaza, New York, NY 10007, by depositing a copy of the Motion for First Class United States Postal mailing.

Respectfully Submitted,

□□□ ~ Doth | /25/24 Vikram Datta, pro-se, Date USM # 64542054 7512 Delfina Dr. Laredo, TX. 78041,

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (SDNY) VIKRAM DATTA PETITIONER V. Case # 11-CR-0102; 11-CR-0102-LAK; 14-cv-8653(LAK). UNITED STATES OF AMERICA RESPONDENT 5 U.S.C. SECTION 552(a) MOTION FOR CLARIFICATION & SOLICITATION OF THE RECORDS SUPPORTING JURISDICTION OF THE GOVERNMENT TO PROSECUTE THE PETITIONER AND RULING(S) OF THE HONORABLE COURT. TO THE HONORABLE COURT: COMES NOW, i, VIKRAM DATTA, prose, hereafter ‘PETITIONER’ moves the Honorable Court with this “S U.S.C. Section 552{a} Motion for Clarification & Solicitation of the Records Supporting Jurisdictian of the Government to Prosecute the Petitioner and Ruling (s) of the Honorable Court.” The petitioner respectfully states the following: PRELIMINARY STATEMENT Petitioner respectfully requests to this Honorable Court to construe prose pleadings of petitioner liberally. Please see Harris v, Mills, 572 F.3d 66, 72 (2d Cir. 2009), Walker v. Schultz, 727 F. 3d 119 (2d Cr, 2013), Estelle v. Gamble 429 US 97, 98 {1976}, and interpret them to raise the “strangest [claims] That they suggest “ Triestman v. Fed, Bureau of Prison 470 F.3d 471, 474 (2d Cir. 2006}. RULINGS OF THE HONORABLE COURT SINCE 2016 1. - On 6/1/2016 the Honorable Court Ruled in Case: 1:11-cr-00102-LAK (1) Valdez who pled guilty to drug related offense on 8/18/2011 was not charged as a co-defendant with the petitioner; only Faustino Garza-Gonzalez from now on Garza-Gonzalez and Datta were charged in this case; (2) The conviction of The petitioner on the 51 indictment: $1 11 Cr. 102 (LAK} filed on 8/9/2011 in Case: 11-cr-0102,

2, On 10/13/2016 the Honorable Court amended imprisonment and sentencing orders for the petitioner from Case #1:09-CR-949-02 (LAK) for offense on 1/31/2011 in February 8, 2011 1st amended judgment bearing Case; 1 (S2}11-CR-0102-01 {LAK) from Counts (S2}Two & (S2)Three, ta Count (S1} Two & Count (S1)Three in Case; 11-cr-0102-LAK for an Offense on 1/31/2011 in 2nd amended judgment bearing Case: 1: (S1]11-CR-0102-01 (LAK). The petitioner was not resentenced on Counts (S1) Two and (S1) Three in Case; 11-cr-0102. PSR, Sentencing Computation Data, and Statement of Reasons for the sentencing of the petitloner remained on Case# 1:09-CR-949-02 (LAK) for an offense on 1/31/2011. 3, On 10/23/2018, the Honorable Court denied 192 Motion te provide the petitioner with ‘Original indictment’ on which he had been sentenced on 1/20/2012 and the indictments in which the Honorable Court amended the judgments for the Count ($2) Two and Count (S2} Three on 2/8/2012 bearing Case# 1(S2)11-CR-0102-01 (LAK) & for Counts (S1)Two and (S1)Three bearing Case#(S1)11-CR-0102-01 (LAK) on 10/13/2016 for the conspiracy of the offense charged in the Counts Two and Three from Case # 1:09-CR-949-02 (LAK) for an offense that happened on 1/31/2011 without prejudice to any civil action pursuant to the 701A. 4. On 1/25/2022 the order of the Honorable Court Ruled (1} the petitioner was charged, tried and sentenced only in 11-cr-0102 and only on the $1 indictment, (2) the original indictment was filed on February 3, 2011, and a first superseding indictment (“S1”) was filed on August 9, 2011, Datta was the only defendant and was named in both. On August 23, 2011, a second superseding indictment (“S2”) was filed that charged a second defendant as well as Datta, one Faustino Garza-Gonzalez, Datta was arraigned on September 7, 2011, but the minute order makes abundantly clear that Datta would be tried commencing on September 12, 2011 on $1, not $2: And Datta in fact was tried in September 2011 on $1 with the results clarified in the Conviction and Sentence on the first page; conspiring to launder money represented by undercover agents to be the proceeds of drug trafficking (Count One), conspiring to launder the proceed of drug trafficking (Count Two), and conspiring to travel in interstate and foreign commerce in aid of money laundering {Count Three); (3) convictions were affirmed, United States v. Garza-Gonzalez, 512 Fed. Appx. 60 (2d Cir.

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Related

Estelle v. Gamble
429 U.S. 97 (Supreme Court, 1976)
United States v. Garza-Gonzalez
512 F. App'x 60 (Second Circuit, 2013)
Harris v. Mills
572 F.3d 66 (Second Circuit, 2009)