Rene Martin Verdugo-Urquidez v. United States of America
California Central District Court | |
Judge: | John A Kronstadt |
Case #: | 2:15-cv-09274 |
Nature of Suit | 510 Prisoner Petitions - Motions to Vacate Sentence |
Cause | 28:2255 Motion to Vacate / Correct Illegal Sentence |
Case Filed: | Dec 01, 2015 |
Terminated: | Sep 07, 2017 |
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Docket last updated: 05/09/2025 11:59 PM PDT |
Friday, October 27, 2017 | ||
48 | 48
![]() ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge John A. Kronstadt: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: REQUEST to Continue DATE FOR FILING OF STATEMENT RE: JURY TRIAL from 10/6/17 to 10/26/1747 , for the following reasons: Case is closed. All documents shall be filed in the criminal case: LA CR87-00422 JAK. Dkt. 46. (bp) |
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Friday, October 06, 2017 | ||
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![]() REQUEST to Continue DATE FOR FILING OF STATEMENT RE: JURY TRIAL from 10/6/17 to 10/26/17 filed by Respondent United States of America. (Searight, Timothy) |
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Thursday, September 07, 2017 | ||
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![]() IN CHAMBERS CLOSING CASE by Judge John A. Kronstadt: Case should have been closed on entry dated July 5, 2017. (Made JS-6. Case Terminated.) (ah) |
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Monday, July 24, 2017 | ||
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![]() FINDINGS OF FACT AND CONCLUSIONS OF LAW RE: SPEEDY TRIAL ACT signed by Judge John A. Kronstadt. (ah) |
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Friday, July 07, 2017 | ||
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![]() ORDER RE: DNA BUCCAL SWAB COLLECTION by Judge John A. Kronstadt. Upon the ex parte application from the government, and there being no objection by defendant Rene Martin Verdugo-Urquidez, the Court hereby ORDERS that defendant Rene Martin Verdugo-Urquidez, Bureau of Prisons Registration No. 85029-098, submit to a mouth and cheek buccal swab for the collection of a DNA sample. Such sample shall be collected by United States Bureau of Prisons or Drug Enforcement Administration authorities. (pso) |
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Wednesday, July 05, 2017 | ||
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![]() AMENDED JUDGMENT by Judge John A. Kronstadt. Refer to document for details.42 (pso) |
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![]() ORDER by Judge John A. Kronstadt. As stated in the Court's order of May 22, 2017 (Docket Entry 37) in the above-captioned case, petitioner's motion to vacate, set aside, or correct sentence filed pursuant to 28 U.S.C. § 2255 is GRANTED. Each count of conviction is vacated. On or before August 29, 2017, the Government shall report to the Court and petitioner/defendant the results of any DNA hair forensic testing conducted in the case. This report shall state whether the Government intends to pursue a new trial. Pursuant to 18 U.S.C. §3161(e), any such trial is to commence within 180 days of the issuance of the Court's Order granting Petitioner's Motion to Vacate. Within ten (10) days of this order, the Government shall submit proposed findings of fact and conclusions of law. The Court further finds, pursuant to the Bail Reform Act, 18 U.S.C. § 3142(f), that no condition or combination of conditions would assure the safety of the community and the on-going appearance of petitioner/defendant in this case, and petitioner/defendant is therefore ordered DETAINED without bond pending a new trial37 . Refer to the Court's order for details. (pso) |
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Friday, June 30, 2017 | ||
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![]() RESPONSE filed by Petitioner Rene Martin Verdugo-Urquidezto Miscellaneous Document38 to Government's June 23, 2017 Status Report (Burns, Todd) |
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Wednesday, June 28, 2017 | ||
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![]() NOTICE OF LODGING filed re Miscellaneous Document38(Searight, Timothy) |
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Tuesday, June 27, 2017 | ||
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![]() PROPOSED ORDER filed by Respondent United States of America (Searight, Timothy) |
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Friday, June 23, 2017 | ||
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![]() GOVERNMENTS STATEMENT RE: JURY TRIAL; DECLARATION OF TIMOTHY J. SEARIGHT filed by Respondent United States of America (Searight, Timothy) |
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Monday, May 22, 2017 | ||
37 | 37
![]() (IN CHAMBERS) ORDER RE MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE PURSUANT TO 28 USC 2255 (DKT.5 , 2500) by Judge John A. Kronstadt. The Motion is GRANTED. Petitioner is granted a new trial as to each of the convictions addressed in this Order. Petitioner's request for an evidentiary hearing (Dkt. 5 at 33) is MOOT. Entry of judgment is deferred. On or before June 23, 2017, after counsel meet and confer, the Government shall file: (i) a status report as to whether it will initiate new trial proceedings with respect to any or all of the charges at issue, and/or appeal this Order upon the entry of a judgment consistent with its terms; and (ii) a proposed judgment consistent with the terms of this Order, which includes language as to whether Petitioner should remain in custody pending the completion of any further proceedings in this matter. On or before the earlier of June 30, 2017, or within seven days of the Government's filing, Petitioner shall file any response and/or objections to the status report and/or proposed judgment. (ah) |
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Wednesday, May 17, 2017 | ||
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![]() Citation to Additional Cases/Orders Requested by the Court filed by Petitioner Rene Martin Verdugo-Urquidez(Burns, Todd) |
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Monday, May 15, 2017 | ||
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![]() FILING OF DOCUMENTS REQUESTED BY THE COURT filed by Respondent United States of America (Searight, Timothy) |
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Wednesday, May 10, 2017 | ||
34 | 34
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Text Only Scheduling Notice
Wed 05/10 7:39 AM
(IN CHAMBERS) ORDER DIRECTING PARTIES TO FILE COPIES OF JURY INSTRUCTIONS by Judge John A. Kronstadt: At the hearing on May 8, 2017, the parties were directed to lodge certain supplemental documents with the Court. In addition to these documents, the parties shall identify and file copies of the final jury instructions which were presented to the juries in the respective trials of Juan Ramon Matta-Ballesteros and Rene Martin Verdugo-Urquidez. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc2, ) |
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Monday, May 08, 2017 | ||
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![]() NOTICE OF CLERICAL ERROR: Due to clerical error Re: Text Only Scheduling Notice 31 . This order was inadvertently issued in the wrong case. The order is stricken. (ah) |
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![]() MINUTES OF MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE (DKT. [1)] (DKTS. 2495, 2500 in CR 87-00422 JAK) Hearing held before Judge John A. Kronstadt: The Government shall lodge the operative Indictment no later than May 15, 2017. Additionally, counsel shall lodge any ruling identified with respect to the issues in this case concerning the testimony of FBI Analyst Malone by May 15, 2017. Upon receipt of the submissions, the Motion will be taken UNDER SUBMISSION and a ruling will be issued. Court Reporter: Alex Joko. (ah) |
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31 | 31
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Text Only Scheduling Notice
Mon 05/08 5:23 PM
(STRICKEN PURSUANT TO DKT.33 )(IN CHAMBERS) ORDER RE PETITIONER'S REQUEST FOR ORDER TO DISTRICT ATTORNEY (DKT. 98) by Judge John A. Kronstadt: the Court has received Petitioner's Request for Order to District Attorney of the County of Riverside California ("Request" (Dkt. 98)). That Request seeks an order directing that any trial to take place in Petitioner's state criminal matter occur on or before June 22, 2017. Petitioner is directed to serve a copy of the Request, as well as this Order, upon the Riverside District Attorney on or before May 11, 2017, and file a proof of service. The District Attorney may file any opposition, not to exceed five pages, on or before May 17, 2017. Following that date, the Court will review all filings and an order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc2, ) TEXT ONLY ENTRY Modified on 5/9/2017 (ah) |
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Wednesday, April 12, 2017 | ||
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(TERMED) Text Only Scheduling Notice
Wed 04/12 12:19 PM
(IN CHAMBERS) ORDER SETTING HEARING ON MOTION TO VACATE, SET ASIDE, OR CORRECT A SENTENCE (DKT.1 ) by Judge John A. Kronstadt: The Court sets a hearing on the Motion for May 8, 2017 at 8:30 am. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) |
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Tuesday, January 17, 2017 | ||
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![]() GOVERNMENTS EXCERPT OF RECORD TO IN OPPOSITION TO DEFENDANTS SUCCESSIVE MOTION TO CORRECT filed by Respondent United States of America (Searight, Timothy) |
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Friday, December 09, 2016 | ||
28 | 28
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Generic Text Only Entry
Fri 12/09 8:15 AM
(IN CHAMBERS) ORDER NOTIFYING PARTIES OF CHANGE OF ADDRESS FOR COURT by Judge John A. Kronstadt: Effective December 19, 2016, Judge Kronstadt will relocate to the 1st Street Courthouse. His new address is 350 W. 1st Street, Courtroom 10B, Los Angeles, California 90012. All mandatory chambers copies shall be hand delivered to the mailbox for this Court outside the Clerk's Office, which is located on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) |
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Monday, November 14, 2016 | ||
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![]() ORDER GRANTING MR. VERDUGO-URQUIDEZ'S MOTION TO FILE AN OVER-LENGTH REPLY TO THE GOVERNMENT'S OPPOSITION TO HIS 28 U.S.C. §2255 MOTION by Judge John A. Kronstadt: granting26 MOTION for Leave to File Excess Pages. The twenty-six page reply brief filed by Petitioner on November 10, 2016, contemporaneous with his over-length motion, shall remain filed. (lom) |
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Thursday, November 10, 2016 | ||
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![]() NOTICE OF MOTION AND MOTION to Exceed Page Limitation Reply Memorandum in Support of 2255 Motion filed by Petitioner Rene Martin Verdugo-Urquidez. (Burns, Todd) |
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![]() REPLY In Support of Mr. Verdugo's 2255 Motion filed by Petitioner Rene Martin Verdugo-Urquidez.(Burns, Todd) |
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Friday, September 23, 2016 | ||
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![]() ORDER GRANTING MR. VERDUGO-URQUIDEZ'A UNOPPOSED MOTION TO CONTINUE DATE FOR FILING REPLY TO RESPONSE IN OPPOSITION TO HIS 28 U.S.C 2255 MOTION (DKT. 23) by Judge John A. Kronstadt: (bp) |
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Monday, September 19, 2016 | ||
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![]() NOTICE OF MOTION AND MOTION to Continue Filing Deadline for Reply from September 26, 2016 to November 15, 2016 filed by Petitioner Rene Martin Verdugo-Urquidez. (Burns, Todd) |
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Wednesday, September 07, 2016 | ||
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![]() Notice of Appearance or Withdrawal of Counsel: for attorney Sandhya Ramadas counsel for Respondent United States of America. Sandhya Ramadas is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Respondent Sandhya Ramadas. (Ramadas, Sandhya) |
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Wednesday, August 31, 2016 | ||
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![]() GOVERNMENT'S EXCERPT OF RECORD TO IN OPPOSITION TO DEFENDANT'S SECOND MOTION TO CORRECT, SET ASIDE OR VACATE SENTENCE FILED PURSUANT TO 28 U.S.C. 2255 MOTION filed by Respondent United States of America re: Response in Opposition to Motion20(Searight, Timothy) |
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Tuesday, August 30, 2016 | ||
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![]() OPPOSITION TO DEFENDANT'S SECOND MOTION TO CORRECT, SET ASIDE OR VACATE SENTENCE FILED PURSUANT TO 28 USC 2255 filed by Respondent United States of America. (Searight, Timothy) |
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Tuesday, June 28, 2016 | ||
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![]() ORDER GRANTING GOVERNMENT'S EX PARTE APPLICATION TO CONTINUE DATE FOR FILING OPPOSITION by Judge John A. Kronstadt18 . Refer to the Court's order for details. (pso) |
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Wednesday, June 22, 2016 | ||
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![]() EX PARTE APPLICATION to Continue Date for Filing of Opposition to 28 U.S.C. § 2255 Motion; Declaration of Timothy J. Searight filed by Respondent United States of America. (Searight, Timothy) |
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Tuesday, May 03, 2016 | ||
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![]() Notice of Appearance or Withdrawal of Counsel: for attorney Sandhya Ramadas counsel for Respondent United States of America. Adding Sandhya Ramadas as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by Respondent United States of America. (Attorney Sandhya Ramadas added to party United States of America(pty:res))(Ramadas, Sandhya) |
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Monday, May 02, 2016 | ||
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![]() ORDER GRANTING GOVERNMENT'S UNOPPOSED EX PARTE MOTION TO CONTINUE DATE FOR FILING OF OPPOSITION AND RELATED DEADLINES (DKT. 15) by Judge John A. Kronstadt: The government having moved, and there being no opposition by defendant, it is hereby ordered that the government shall file its opposition to defendant's motion filed pursuant to 28 U.S.C. 2255 on or before June 30, 2016. Petitioner shall file and serve any reply no later than July 25, 2016. The Motion will be taken UNDER SUBMISSION on July 25, 2016, and either a hearing will be set or a ruling will be issued. (bp) |
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Thursday, April 28, 2016 | ||
15 | 15
![]() NOTICE OF MOTION AND MOTION to Continue DATE FOR FILING OF OPPOSITION TO 28 U.S.C. 2255 MOTION; DECLARATION OF TIMOTHY J. SEARIGHT filed by Plaintiff United States of America. (Searight, Timothy) |
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Wednesday, March 30, 2016 | ||
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![]() MINUTES (IN CHAMBERS) ORDER RE PETITIONER'S MOTION FOR THE APPOINTMENT OF COUNSEL (DKT. 10) by Judge John A. Kronstadt: Petitioner has moved for the appointment of Todd W. Burns as counsel of record pursuant to 18 U.S.C. 3006A(a)(2)(B)("Motion"), to represent Petitioner with respect to a motion for relief under 28 U.S.C. 2255. Dkt. 10. The Government has filed a notice of non-opposition to the Motion. Dkt. 12. Good cause having been shown, Petitioner's Motion is GRANTED, and the appointment of counsel is effective nunc pro tunc to January 15, 2015. (bp) |
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Thursday, March 24, 2016 | ||
13 | 13
![]() NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Statement12 . The following error(s) was found: Incorrect event selected. The correct event is: Non-Opposition to Motion. To find the correct efiling event, please use the search feature: Non-Opposition to Motion. Any documents that is Motion related, see Motions and Related Filings: Responses, Replies and Other Motion Related Documents. Also this allows you to link to the document that you are referring to.. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lom) |
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Monday, March 21, 2016 | ||
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![]() STATEMENT OF NO OPPOSITION OF TODD BURNS, ESQ., AS COUNSEL OF RECORD FOR DEFENDANT RENE MARTIN VERDUGO-URQUIDEZ filed by Respondent United States of America(Searight, Timothy) |
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Wednesday, March 16, 2016 | ||
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![]() ORDER GRANTING GOVERNMENT'S UNOPPOSED EX PARTE APPLICATION (DKT.7 ) AND SETTING DEADLINE FOR RESPONSE TO DEFENDANT'S MOTION FOR APPOINTMENT OF COUNSEL (DKT.10 ) by Judge John A. Kronstadt. Government shall file its opposition to Petitioner's Motion to Vacate on or before April 29, 2016. Petitioner shall file and serve any reply no later than May 27, 2016. The Motion will be taken UNDER SUBMISSION on May 27, 2016. The Government shall file an opposition or a statement of non-opposition to Petitioner's motion for appointment of counsel on or before March 18, 2016. (ah) |
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Wednesday, March 09, 2016 | ||
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![]() NOTICE OF MOTION AND MOTION for Appointment of Counsel filed by Petitioner Rene Martin Verdugo-Urquidez. (Burns, Todd) |
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Tuesday, March 08, 2016 | ||
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![]() NOTICE OF REASSIGNMENT of Assistant United States Attorney Timothy J. Searigjht on behalf of plaintiff United States of America. Assistant United States Attorney Diana L Pauli terminated. (Searight, Timothy) |
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Monday, March 07, 2016 | ||
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![]() Notice of Appearance or Withdrawal of Counsel: for attorney Timothy J Searight counsel for Respondent United States of America. Adding TIMOTHY J. SEARIGHT as counsel of record for USA for the reason indicated in the G-123 Notice. Filed by Plaintiff USA. (Attorney Timothy J Searight added to party United States of America(pty:res))(Searight, Timothy) |
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![]() GOVERNMENT'S UNOPPOSED EX PARTE MOTION TO CONTINUE DATE FOR FILING OF OPPOSITION TO 28 U.S.C. 2255 MOTION; DECLARATION OF TIMOTHY J. SEARIGHT filed by Respondent United States of America(Searight, Timothy) |
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Friday, January 29, 2016 | ||
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Text Only Scheduling Notice
Fri 01/29 7:17 PM
(IN CHAMBERS) ORDER RE MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY (28 U.S.C. §2255) (DKT.1 ) by Judge John A Kronstadt: The Court, having received Petitioners Motion to Vacate, Set Aside or Correct a Sentence by a Person in Federal Custody, pursuant to Title 28 USC §2255 (the "Motion"), hereby Orders the Government to respond to the Motion by February 29, 2016. Petitioner shall file and serve a reply no later than March 28, 2016. The Motion will be taken UNDER SUBMISSION on March 28, 2016 and either a hearing will be set or a ruling will be issued. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) |
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Wednesday, January 13, 2016 | ||
4 | 4
![]() NOTICE of Filing of 28 USC 2255 Motion filed by Petitioner Rene Martin Verdugo-Urquidez. (Burns, Todd) |
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Tuesday, December 01, 2015 | ||
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![]() NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt for motion filed under 28 U.S.C. 2255. (ghap) |
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2 | 2
![]() ORDER Before TASHIMA, OWENS, and FRIEDLAND, Circuit Judges. The unopposed application for authorization to file a second or successive 28:U.S.C. 2255 motion in the district court is granted. The Clerk shall transfer the section 2255 motion filed on September 14, 2015, to the United States District Court for the Central District of California. The motion shall be deemed filed in the district court on 9/14/2015. The Clerk shall also serve on the district court this order and the application. Petitioner's motion for appointment of counsel is denied. Petitioner, however, may renew his motion in the district court proceedings. Upon transfer of the motion, the Clerk shall close the original action. [The original document was filed in the 9th Circuit Court of Appeals, Case number: 15-72848 document number 4 filed on 11/23/2015.] (ghap) |
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![]() [UNOPPOSED APPLICATION FOR LEAVE TO FILE A SECOND MOTION UNDER 28 U.S.C. 2255] MOTION to Vacate, Set Aside or Correct Sentence pursuant to 28 USC 2255 assigned to Judge John A. Kronstadt. For docketing entries refer to CR Case # CR-87-422-JAK, filed by petitioner Rene Martin Verdugo-Urquidez. [The original document was filed in the USCA for the Ninth Circuit case number: 15-72848 document number 1 on 9/14/2015.) |
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1 | 1 (Attachments: | |
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