ELECTRONICALLY FIL DOC #: DATE FILED:_3/14/23 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Ahmadou Sankara, Petitioner, 18-cv-6308 (AJN) —V— ORDER Daniel F. Martuscellor et al., Respondents.
ALISON J. NATHAN, Circuit Judge, sitting by designation:
The Court has received the attached filing from Petitioner Ahmadou Sankara, including a motion to set aside the judgment pursuant to Rule 60(b)(4)-(6) of the Federal Rules of Civil Procedure, as well as requests to “[r]esubmit[]” the motion and for the appointment of counsel. For the reasons that follow, his requests are DENIED. The Court denied Mr. Sankara’s petition for the writ of habeas corpus pursuant to 28 U.S.C. § 2254 on November 19, 2020, Sankara v. Martuscellor, No. 18-CV-6308 (AJN), 2020 WL 6807079 (S.D.N.Y. Nov. 19, 2020) (Dkt. No. 70), and denied Mr. Sankara’s prior Rule 60(b) motion on May 31, 2022, Sankara v. Martuscellor, No. 18-CV-6308 (AJN), 2022 WL 2119300 (S.D.N.Y. May 31, 2022) (Dkt. No. 79). As the Court explained in denying Mr. Sankara’s prior Rule 60(b) motion, “Petitioner does not allege that the district court’s decision is void, see Fed. R. Civ. P. 60(b)(4), or. . . is based on an earlier judgment that has been reversed or vacated, or that it can no longer be prospectively applied equitably, see Fed. R. Civ. P. 60(b)(5), so Petitioner must demonstrate that extraordinary circumstances warrant relief, to satisfy Rule 60(b)(6).” Sankara, 2022 WL
2119300, at *1 (cleaned up). Because Mr. Sankara’s new filings also do not identify extraordinary circumstances warranting relief under Rule 60(b)(6), his motion must be denied. For the same reasons, Mr. Sankara has not shown that his claims are likely to be of substance, so his request for the appointment of counsel is denied. See Bonie v. Annucci, No. 19-CV-11822 (AJN) (DF), 2020 WL 1233555, at *1—2 (S.D.N.Y. Mar. 13, 2020). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully directed to mail a copy of this Order to Mr. Sankara and to note the mailing on the public docket. SO ORDERED.
Dated: March 14, 2023 AM \) kt New York, New York ALISON J. NATHAN United States Circuit Judge, sitting by designation
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
AHMADOU SANKARA, Alien,097-528-851 Petitioner , 18 — CV- 6308 (AJN) MOTION FOR RESUMITTED , Vv.
DANIEL F. MARTUSCELLOR , Respondents .
Hon, ALISON J NATHAN UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF NEW YORK.
Petitioner Anhmadou Sankara Respectfully Submitted a Motion To The Court. | Submitted a motion to the court since July 4, 2022, | never receive this court reply, | am Resubmitted same motion to the court on Feb 19, 2023, for the Record, for this criminal matter, CC: James F. Gibbons Office Assistant Attorney General New York. NY 10005
CC ; To Second Circuit Court Of Appeals 40 Foley Square New York . N ¥ 10007 Sankara Ahmadou wy J EME Sod tt apt GO os BP 133 Anyamia Ivory Coast
AHMADOU SANKARA, Alien,097-528-851 Petitioner , 18 — Cv- 6308 (AJN) MOTION FOR FEDERAL V. CIVIL RULES 60 (b)(4)(6)
DANIEL F. MARTUSCELLOR , a . Respondents .
Hon. ALISON J NATHAN . UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF NEW YORK.
Petitioner Ahmadou Sankara Respectfully Submitted a Motion To The Court For Federal Civil Procedure Rules 60 {b)(4)-(6), By Replly This Court Order Date 5/31/2022/. Petitioner he is Entitled To Federal Heabes Corpus Relief Under Federal Rule 60. Has Petitioner will identify Extraordinary Circunstances Warrant Relief, has Alien entered to United States with Visa is Entitled for the United States Federal Court To appointed Attorney alien in civil criminal matter, but my motion for to Appoint me an A Attorney in Criminal Matter was denied by Magistrate Judge in Federal Court, This Court Should Review Petitioner s Legal Suffiency Factured Evdence, Petitioners Weight of The Evidence Claim Are Cognizable on Heabeas Corpus Review, Petitioner Claim Against his Arresting Officers SEE Sankara V.O Hara, 15CV7761. For This Court Order May 31, 2022, Background Due to This Court Hon Judge Allegation that, Petitioner Anmadou Sankara Was Arrested in New York on March 6, 2015, For Procecessing For Three Forged Bank Cards, in convicted of three counts of second degree, The State District Attorney Misledy This Federal Couert,.For Petitioner Arrest, See Sankara V O Hara, 15 CV 7761, For Petitioner False Arrest, due to US Fourth Amendment For Petitioner Arrest Unconstitution. And without any element of crime.was precented for my conviction in state court, 1 am requesting this court to change the venue in get me back to U.S.A. In for this court look over full case under memorandum of law, lam innocent and | was shoot in New York there are still two bollet inside my stomack im in stomack pain due to those two bollet,
Under Docket, 20-3991, SEE: ." Arizona v. California, 460 U.S. 605, 619 (1983); We review de novo the application of res judicata principles. TechnoMarine SA v. Giffports, ine., 758 3d 493, 498 (2d Cir. 2014), "Under the doctrine of res judicata, or claim preclusion, a final judgment on the merits of an action precludes the parties or their privies from relitigating issues that were or could have been raised in that action." Jd. at 499 (internal quotation marks omitted). The doctrine does not apply, however, “if a party moves the rendering court in the same proceeding to correct or modify its judgment." Arizona v. Califomia, 450 U.S. 605, 619 (1983); see also Rezzonico v. H&R Block, inc., 182 F 3d 144, 148 (2d Cir. 1999) ("Res judicata does not speak to direct attacks in the same case, but rather has application in subsequent actions.")
My prior criminal Conviction was '45 Days time serve without any crime comitted Unconstitutional, Im Eligible for re entered in USA. And my two childs Born in USA, SEE my medical record Gun Shot Won Exhibes Submitted to the Court Im Victime of Crime; SEE US Attorney Submitted to the Court as Exhibes;
CC: James F. Gibbons Office Assistant Attorney General New York. NY 10005
CC ; To Second Circuit Court Of Appeals 40 Foley Square New York. N Y 10007 Sankara Ahmadou , BP 133 Anyama ‘Ivory Coast JULY 4, 2022
AHMADOU SANKARA, Alien,097-528-851 Petitioner , 18 — CV- 6308 (AJN) MOTION FOR APPOINTMENT Vv. OF ATTORNEY UNDER 28 U SC 3006A
tt Hon. ALISON J NATHAN UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF NEW YORK.
Petitioner Anmadou Sankara Respectfully Submitted a MOTION FOR APPOINTMENT OF ATTORNEY UNDER 28 US C 3006A Motion To The Court For Federal Civil Procedure Rules 60 {b}(4)-(6), By Replly This Court Order Date 5/31/2022/. Petitioner he is Entitled To Federal Heabes Corpus Relief Under Federal Rule 60.
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ELECTRONICALLY FIL DOC #: DATE FILED:_3/14/23 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Ahmadou Sankara, Petitioner, 18-cv-6308 (AJN) —V— ORDER Daniel F. Martuscellor et al., Respondents.
ALISON J. NATHAN, Circuit Judge, sitting by designation:
The Court has received the attached filing from Petitioner Ahmadou Sankara, including a motion to set aside the judgment pursuant to Rule 60(b)(4)-(6) of the Federal Rules of Civil Procedure, as well as requests to “[r]esubmit[]” the motion and for the appointment of counsel. For the reasons that follow, his requests are DENIED. The Court denied Mr. Sankara’s petition for the writ of habeas corpus pursuant to 28 U.S.C. § 2254 on November 19, 2020, Sankara v. Martuscellor, No. 18-CV-6308 (AJN), 2020 WL 6807079 (S.D.N.Y. Nov. 19, 2020) (Dkt. No. 70), and denied Mr. Sankara’s prior Rule 60(b) motion on May 31, 2022, Sankara v. Martuscellor, No. 18-CV-6308 (AJN), 2022 WL 2119300 (S.D.N.Y. May 31, 2022) (Dkt. No. 79). As the Court explained in denying Mr. Sankara’s prior Rule 60(b) motion, “Petitioner does not allege that the district court’s decision is void, see Fed. R. Civ. P. 60(b)(4), or. . . is based on an earlier judgment that has been reversed or vacated, or that it can no longer be prospectively applied equitably, see Fed. R. Civ. P. 60(b)(5), so Petitioner must demonstrate that extraordinary circumstances warrant relief, to satisfy Rule 60(b)(6).” Sankara, 2022 WL
2119300, at *1 (cleaned up). Because Mr. Sankara’s new filings also do not identify extraordinary circumstances warranting relief under Rule 60(b)(6), his motion must be denied. For the same reasons, Mr. Sankara has not shown that his claims are likely to be of substance, so his request for the appointment of counsel is denied. See Bonie v. Annucci, No. 19-CV-11822 (AJN) (DF), 2020 WL 1233555, at *1—2 (S.D.N.Y. Mar. 13, 2020). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully directed to mail a copy of this Order to Mr. Sankara and to note the mailing on the public docket. SO ORDERED.
Dated: March 14, 2023 AM \) kt New York, New York ALISON J. NATHAN United States Circuit Judge, sitting by designation
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
AHMADOU SANKARA, Alien,097-528-851 Petitioner , 18 — CV- 6308 (AJN) MOTION FOR RESUMITTED , Vv.
DANIEL F. MARTUSCELLOR , Respondents .
Hon, ALISON J NATHAN UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF NEW YORK.
Petitioner Anhmadou Sankara Respectfully Submitted a Motion To The Court. | Submitted a motion to the court since July 4, 2022, | never receive this court reply, | am Resubmitted same motion to the court on Feb 19, 2023, for the Record, for this criminal matter, CC: James F. Gibbons Office Assistant Attorney General New York. NY 10005
CC ; To Second Circuit Court Of Appeals 40 Foley Square New York . N ¥ 10007 Sankara Ahmadou wy J EME Sod tt apt GO os BP 133 Anyamia Ivory Coast
AHMADOU SANKARA, Alien,097-528-851 Petitioner , 18 — Cv- 6308 (AJN) MOTION FOR FEDERAL V. CIVIL RULES 60 (b)(4)(6)
DANIEL F. MARTUSCELLOR , a . Respondents .
Hon. ALISON J NATHAN . UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF NEW YORK.
Petitioner Ahmadou Sankara Respectfully Submitted a Motion To The Court For Federal Civil Procedure Rules 60 {b)(4)-(6), By Replly This Court Order Date 5/31/2022/. Petitioner he is Entitled To Federal Heabes Corpus Relief Under Federal Rule 60. Has Petitioner will identify Extraordinary Circunstances Warrant Relief, has Alien entered to United States with Visa is Entitled for the United States Federal Court To appointed Attorney alien in civil criminal matter, but my motion for to Appoint me an A Attorney in Criminal Matter was denied by Magistrate Judge in Federal Court, This Court Should Review Petitioner s Legal Suffiency Factured Evdence, Petitioners Weight of The Evidence Claim Are Cognizable on Heabeas Corpus Review, Petitioner Claim Against his Arresting Officers SEE Sankara V.O Hara, 15CV7761. For This Court Order May 31, 2022, Background Due to This Court Hon Judge Allegation that, Petitioner Anmadou Sankara Was Arrested in New York on March 6, 2015, For Procecessing For Three Forged Bank Cards, in convicted of three counts of second degree, The State District Attorney Misledy This Federal Couert,.For Petitioner Arrest, See Sankara V O Hara, 15 CV 7761, For Petitioner False Arrest, due to US Fourth Amendment For Petitioner Arrest Unconstitution. And without any element of crime.was precented for my conviction in state court, 1 am requesting this court to change the venue in get me back to U.S.A. In for this court look over full case under memorandum of law, lam innocent and | was shoot in New York there are still two bollet inside my stomack im in stomack pain due to those two bollet,
Under Docket, 20-3991, SEE: ." Arizona v. California, 460 U.S. 605, 619 (1983); We review de novo the application of res judicata principles. TechnoMarine SA v. Giffports, ine., 758 3d 493, 498 (2d Cir. 2014), "Under the doctrine of res judicata, or claim preclusion, a final judgment on the merits of an action precludes the parties or their privies from relitigating issues that were or could have been raised in that action." Jd. at 499 (internal quotation marks omitted). The doctrine does not apply, however, “if a party moves the rendering court in the same proceeding to correct or modify its judgment." Arizona v. Califomia, 450 U.S. 605, 619 (1983); see also Rezzonico v. H&R Block, inc., 182 F 3d 144, 148 (2d Cir. 1999) ("Res judicata does not speak to direct attacks in the same case, but rather has application in subsequent actions.")
My prior criminal Conviction was '45 Days time serve without any crime comitted Unconstitutional, Im Eligible for re entered in USA. And my two childs Born in USA, SEE my medical record Gun Shot Won Exhibes Submitted to the Court Im Victime of Crime; SEE US Attorney Submitted to the Court as Exhibes;
CC: James F. Gibbons Office Assistant Attorney General New York. NY 10005
CC ; To Second Circuit Court Of Appeals 40 Foley Square New York. N Y 10007 Sankara Ahmadou , BP 133 Anyama ‘Ivory Coast JULY 4, 2022
AHMADOU SANKARA, Alien,097-528-851 Petitioner , 18 — CV- 6308 (AJN) MOTION FOR APPOINTMENT Vv. OF ATTORNEY UNDER 28 U SC 3006A
tt Hon. ALISON J NATHAN UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF NEW YORK.
Petitioner Anmadou Sankara Respectfully Submitted a MOTION FOR APPOINTMENT OF ATTORNEY UNDER 28 US C 3006A Motion To The Court For Federal Civil Procedure Rules 60 {b}(4)-(6), By Replly This Court Order Date 5/31/2022/. Petitioner he is Entitled To Federal Heabes Corpus Relief Under Federal Rule 60. Has Petitioner will Identify Extraordinary Circunstances Warrant Relief, has Alien entered to United States with Visa is Entitled for the United States Federal Court To appointed Attorney alien in civil criminal matter, but my motion for to Appoint me an A Attorney in Criminal Matter was denied by Magistrate Judge in Federal Court, This Court Should Review Petitioner s Legal Suffiency Factured Evdence, Petitioner s Weight of The Evidence Claim Are Cognizabie on Heabeas Corpus Review, Petitioner Claim Against his Arresting Officers
SEE Sankara V. O Hara, 15 CV 7761. For This Court Order May 33, 2022, Background Due to This Court Hon Judge Allegation that, Petitioner Anmadou Sankara Was Arrested in New York on March 6, 2015, For Procecessing For Three Forged Bank Cards, in convicted of three counts of second degree, The State District Attorney Misledy This Federal Couert, For Petitioner Arrest, See Sankara V O Hara, 15 CV 7761, For Petitioner False Arrest, due to US Fourth Amendment For Petitioner Arrest Unconstitution. And without any element of crime was precented for my conviction in state court, 1am requesting this court to change the venue in get me back to U.S.A. In for this amaertiaak avar fill raca inder mamnarandim aflaw. lam innocent and ! was shoot in New
This Court Should Reconsidere And Grant Petitioner Heabes Corpus Motion Due to This Court Order May 31, 2022, Under Rule 60, For The Second Circuit Court Order Jan 27, 2022, Under Docket, 20 -3991, SEE: .“ Arizona v. California, 450 □□□ 605, 619 (1983); We review de novo the application of res judicaia principles. TechnoMarine SA Giftports, inc., 758 F.3d 493, 498 (2d Cir. 2014). “Under the doctrine of res judicata, or claim preclusion, a final judgment on the merits of an action precludes the parties or their privies from relitigating issues that were or could have been raised in that action." /d. at 499 (internal quotation marks ornitted). The doctrine does not apply, however, “if a party moves the rendering court in the same proceeding to correct or modify its judgment." Anzona v. California, 460 U.S. 605, G19 (1983); see also Rezzonico v. H&R Block, Inc., 182 F.3d 144, 148 @d Cir. 1999) ("Res judicata does not speak to direct attacks in ihe same case, but rather has application in subsequent actions.")
My prior criminal Conviction was '45 Days time serve without any crime comitted Unconstitutional, Im Eligible for re entered in USA. And my two childs Born in USA. SEE my medical record Gun Shot Won Exhibes Submitted to the Court Im Victime of Crime; SEE US Attorney Submitted to the Court as Exhibes;
CC: James F. Gibbons Office Assisiant Attorney General New York. NY 10005
CC ; To Second Circuit Court Of Appeals AO Foley Square New York . N Y 10007 Sankara Ahmadou REL GLE T BP 133 Anyama Ivory Coast JULY 4. 2022
AMPTIERST RADIOLOGY ae 16) 360-87- 6000 North Bailey Avenue x) (800) 984 □□□ □□□ 1B oe ae” Fax (718) 362-877 Amihersl NY 14226 DIAGNOSTIC X-RAY SERVICE www, dagnostiexray.cor Og JACOER WUERSTLE Proasicteary
Patient Name: SANKARA, AHMADOU Date of Birth: TALS8/1970 Referring Physician: QUINONES, CARLOS MD Referring Facility: BUFFALO DETENTION CENTER INS □ Adt: 09752885 1 Exam Type: XRAY ABDOMEN AP (i VIEW KUB/FLATPLATE) Date of Exam: FAT2019 2:30:18 PM Clinica: R/O OBSTRUCTION
Portable supine view of the lower chest, abdomen and the pelvis reveal the lung bases to be clear, There is diffuse colonic ileus with large amount of fecal content throughout the colon generally, No radiopaque calculus is noted. Two shrapnel sequelae are noted: one in the mid left pelvis and one in the medial feft lower quadrant of the abdomen. The bony structures are intact.
IMPRESSION: 1. Diffuse colonic ileus with marked diffuse constipation, 2. Shrapnel sequelae in the lower left portions as discussed above.
Thank you for this kind referral. Sincerely, ELECTRONIC SIGNATURE . PAUL, DAVID MD HATP2019 3:57:48 PM
JA. 1/17/2019 3:59:46 PM
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Ata term of the Family Court of the State of New York, held in and for the County of New York, at 60 : Lafayette Street, New York, NY 10013, on July E1, 2016 . PRESENT: Kevin Mahoney, Support Magistrate In the Matter of a Support Proceeding ile #: 177993 Docket #: F-16489-12/16A4 - Ahmadou Sankara, SSN: XXX-XX-6299, Petitioner, CSMS #: NX29892A1 ~ against - ORDER MODIFYING AN Commissioner of Social Services, O/B/O ORDER OF SUPPORT : Keita Tiguidanke, ms Assignor. NOTICE: YOUR WILLFUL FAILURE TO OBEY THIS ORDER MAY RESULT IN INCARCERATION FOR CRIMINAL NON-SUPPORT OR CONTEMPT. YOUR FAILURE TO OBEY THIS ORDER MAY RESULT IN SUSPENSION OF YOUR DRIVER'S LICENSE, STATE-ISSUED PROFESSIONAL, TRADE, BUSINESS AND OCCUPATIONAL LICENSES AND RECREATIONAL AND "SPORTING LICENSES AND PERMITS; AND IMPOSITION OF REAL OR . PERSONAL PROPERTY LIENS, . SPECIFIC WRITTEN OBJECTIONS TO THIS ORDER MAY BE FILED WITH THIS COURT WITHIN 30 DAYS OF THE DATE THE ORDER WAS RECEIVED IN COURT OR BY PERSONAL SERVICE, OR IF THE ORDER WAS RECEIVED BY MAIL, WITHIN 35 DAYS OF THE MAILING OF THE ORDER. __ _Obligation Summary [BasicPaymet || $000 weeny [scu Ahmadou Sankara filed a petition in this Court on May 5, 2016 seeking to modify an order, dated December 10, 2012, made by the New York County Family Court which granted support for: Name . _ Date of Birth | Social Security Number Mahawa A Sankara, November 5, 2006 - Le Nourdine C Sankara . _ November 4, 2003, Commissioner of Social Services appeared before this Court to answer the petition, and the unrepresented parties, if any, were advised by the Court of the right to counsel;