Delva v. United States

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

DAVID DELVA, : Movant, : 12-CR-802-4 (JMF) : 19-CV-3623 (JMF) -y- : : ORDER UNITED STATES OF AMERICA, : Respondent. :

JESSE M. FURMAN, United States District Judge: David Delva’s motion to correct the record pursuant to Rule 36 of the Federal Rules of Criminal Procedure is DENIED as frivolous. See, e.g., United States v. Burd, 86 F.3d 285, 288 (2d Cir. 1996) (“[A] clerical error must not be one of judgment or even of misidentification, but merely of recitation, of the sort that a clerk or amanuensis might commit, mechanical in nature.” (internal quotation marks omitted)). The Clerk of Court is directed to enter this Order on both Docket Nos. 12-CR-802-4 and 19-CV-3623, to terminate 12-CR-802-4, ECF No. 314, and to mail a copy of this Order to Mr. Delva. SO ORDERED. Dated: November 12, 2020 New York, New York SSE M? MAN United States District Judge