Dixon v. United States

Opinion

See mkival as UNITED STATES DISTRICT COURT SONY pag GE Orr FOR THE SOUTHERN DISTRICT OF NEW YORK apni Jl 30 BIS we)

DeMark Dixon Petitioner Vs 24-Cv-4312(LAP)

United States Of America & Denice Meyers Respondent COPY RECEIVED JUL 30 2024 Judge: Lorretta Preska civil Chern a MOTION FOR RECONSIDERATION AND CLEAR UP CLERICAL ERROR

This petitioner moves in this Court asking this Court to reconsider your July 7" 2024 dimissal Order, denying petitioner writ, and clear up a clerical error. STANDARD OF REVIEW A district court may issue a writ of error coram nobis pursuant to the all writs act 28 USC 1651(a) Where extraordinary circumstances are present “Nick v. U.S 955 F2d 161,167 (2d Cir.1992, The proceeding leading to the petitioners conviction are presumed to be correct, and the Burden rest on the accused to show otherwise U.S.v Morgan 346 US 502, 512 1954 FACTS This petitioner wasn’t trying to reargue any old issues that was already argued prior to the filing Of this writ. Bits and pieces was only put in, so that this Court can familiarize yourself with what took place with my criminal case. . □ he melee fe peporaudeetiiny (Mek ro, fe) 7 be caitael EL ted □□□ eof. LC Lod birlies CLA gceniewes . "tilt 4) Bo □ ~ 79 / f? / Df mw bth oe Lilo □

There is two issues that allowed petitioner to file this writ, the first Issue is when (1): The Late Judge Brieant, “apen the record for purpose of additional info request to find facts which may not Been mentioned”, concerning the witnesses truthfulness in this case, where both Ms Dunne, and Mr. Gribetz, save “NO”. See petitioner writ pages 2 & 3, where Judge Brieant, Info request, and Ms Dunne, And Mr. Gribetz, response is not mentioned in the Courts dismissal order, and; (2); The new information That | received 27 years later from February of 1997, to the current date on my writ. 1 was Incarcerated From August 8 1996 thru October 29" 1996, demonstrating petitioner did not conspire or commit any October 10" 1996 bank robbery. This was the type of Info that Brleant was looking for. | could not have Been at two places at one time. This new info also satisfied two of the prongs for this writ that this Court Speaks of, in your Order. if the Government or petitioner Court Appointed counsel had provided the Court with this info 27 years ago, | would not be arguing thls case before this Court today. Remember the Government In the Eastern & Southern Districts of New York, use the same Witnesses & discovery material, and | was represented by the same Court Appointed Counsel in both Districts, which they both had access to all the info. This Court quoted in your order that “the 2™ Circuit has articulated a three-pronged standard For when Coram Nobis reljef is appropriate; i): There are circumstances compelling such to achieve justice; Judge Brieant, opening the Record for additional info and petitioner provided the requested info 27 years later that the two Court Officers didn't do. 2): Sound reasons exist for failure to seek appropriate earlier relief: petitioner came into these Bank robbery cases blind without any knowledge, where | had to hunt down my own information for Many years, 3): The petitioner continues to suffer legal consequences from his conviction; This petitioner Has the legal right to secure employment in any place or State, without this unlawful conviction Coming up.

This petitioner was discriminated against in Norfotk Virginia, by a United States Probation officer, when | secure a corporation job, and housing. My late father help me secure To secure employment with NYC Dept Of Recreation, but now Im on my own again trying to Relocate another job in a cheaper cost of living State, but its hard with this unlawful conviction Hanging over my head ,

CONCLUSION This petitioners Constitutional 5",14" Amendments, was violated guarantee due pracess To all citizens, which is to fair procedures and to be protected from the Government depriving of the Life, liberty. Petitioner 6" Amendment was also violated the right to have a effective counsel during Criminal proceedings. . In the interest of justice and all fairness, petitioner is asking this Court to; (4); Reconsider your dismissai order; and (2): Clear up the Clerical Error;and (3): Allow the U.S.Attorney Office for the SDNY, to respond to the writ; and (4): Allow this petitioner to respond to their papers; and (5}: Conduct a hearing, so | can bring additional supporting evidence to the case

Date PY

Respegctfplly itted BL dadl Dei

(3)

ie NEW YORK CITY DEPARTMENT OF CORRECTION Py Lynelle Maginley-Liddic, Commissioner Rees Rea Office of the Gencral Counsel/Legal Division aw 75-20 Astotia Boulevatd, Suite 305 Hast Elmhurst, New York 11370 8546-0950 / Fi 718-278-6004

June 28, 2024

DeMark Dixon &3 273 East 239" Street, Apt. 3D Bronx, NY 10470 COPY RECEIVED , . . □□□□□□□□□□□□□□□□□□□□□□□ JUL 30 2024 Re: FOIL Request . . US. ATTORNEY'S OFFICE SONY - FOIL #: 2024FR3113 ay , Dear Mr. Dixon: |

This is an acknowledgment and final response to your request for records (copy enclosed) made pursuant to the New York State Freedom of Information Law. . Enclosed please find a copy of the Days Incarcerated Total Per Record (QNH#) you requested. Very truly yours,

, és/Stephane Plantin Stephane Plantin Assistant General Counsel

Enclosure SP/scp . .

From! -Demark Dixon . To Records Access Subject: [EXTERNAL] Release from the barge Date; Friday, June 28, 2024 10:42:58 AM sneer er prerint | You don't often get email from demarkdixonS0@gmail.com. Learnt why this is inmortant CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content Is safe. Forward suspect emall to piish@otl:nyc.gay as an attachment (Click the More button, then forward as attachment). My name is DeMark Dixon, My din#4655556j. Dob#1/14/1964. I looking for information □ showing I was house on the "VERNON C. BAIN CENTER" boat that was located at 1 Halleck st, bx ny 10474, Do your system show any info that I was there on 10/10/1996. If you locate any info, please let me know by email demarkdixon50@gmail.com or mail 273 E 239th St, apt#3d, bx ny 10470 tele#646-249-1913, Thank you .

GOryY RECEIVED JUL 30 2024 “AMS ATTORNEYS OFFIORSONNY Jf ry . 1 □□

New History NYSID Number Search (QNH#) Steam apse SSS SIS eS SSO SSS TOMS SSS STs , Discharged After April 25, 19950 Din = Days Incarcerated Total Per Record a Paka fa mPOA OO a ae saa th Dn tn A St Pd IAIN AE i sab gt Pad i i ad Ad tar na ah er Pat fd a mi dt wd fk it ke am □□ □□□ hd at a Last Bran Nysid # Book&case# Last Name Firet Name Admit Date Din Dise Date Hou ek nd ta 0k fo fn Pk Ri LE RD Im) the a a ea □□ 046555560 2419510776 DIXON DEMARK 20-JUL-95 155 _alrDEC-95 GMD O46555567 2419612916 DIXON DEMARK . 08~AUG-96 83" -29-0CT=96 MIF 046555567 5109300006 DIXON DEMARK 05-JAN+93 44 17-FEB-93 ARD 046555567 5419206254 DIXON DEMARK O5-MAR-~9$2 B81 24-MAY-$2 BKH

Gor RECEIVED JUL 30.202 US. ATTORNEY'S oFFic# sony mr