Adame v. USA (5:17-cv-00057), Texas Northern District Court

Adame v. USA

Texas Northern District Court
Judge:	Sam R Cummings
Case #:	5:17-cv-00057
Nature of Suit	510 Prisoner Petitions - Motions to Vacate Sentence
Cause	28:2255 Motion to Vacate / Correct Illegal Sentence

Case Filed:	Mar 13, 2017
Terminated:	Jul 17, 2018

Docket
Parties

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Docket last updated: 04/23/2024 11:59 PM CDT

Monday, September 16, 2019
16		16 appeal USCA Order Mon 09/16 3:38 PM ORDER of USCA as to12 Notice of Appeal filed by Timothy Paul Adame. Because Adame fails to demonstrate " that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presents are adequate to deserve encouragement to proceed further a COA IS DENIED. (bmh) Related: [-]
		Att: 1 USCA Letter
Tuesday, October 23, 2018
15		15 utility Mail Returned (Public Entry) Tue 10/23 2:50 PM Mail returned as undeliverable. Clerks Notice of Mailing received back from Timothy Paul Adame (1) as RTS - UNABLE TO FORWARD. No address update from last filed document. The current document has not been re-mailed. (krd) Related: [-]
Thursday, October 11, 2018
		appeal Appeal Record Certified/Transmitted Thu 10/11 9:47 AM Record on Appeal for USCA5 18-11234 Related [+]: Record consisting of: 2 ECF electronic record on appeal (eROA) is certified, 2 Volume(s) electronic transcript, 1 from Criminal Number 515CR65 Electronic Presentence Report/SOR certified to USCA. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by[LINK:contacting the appeals deputy] in advance to arrange delivery. (krd) Related: [-] lated to12 appeal
Friday, September 28, 2018
		appeal USCA Case Number Fri 09/28 8:54 AM USCA Case Number 18-11234 in USCA Fifth Circuit for12 Notice of Appeal, filed by Timothy Paul Adame. (krd) Related: [-]
Wednesday, September 19, 2018
14		14 1 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Wed 09/19 11:02 AM On this date, the Court considered Movant's13 Application to Proceed [On Appeal] Without Prepayment of Fees and Affidavit, filed September 17, 2018. The Court finds that the Motion should be GRANTED. (Ordered by Senior Judge Sam R Cummings on 9/19/2018) (krd) Related: [-]
		misc Order Receipt Wed 09/19 11:03 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:14. Wed Sep 19 11:03:26 CDT 2018 (crt) Related: [-]
Monday, September 17, 2018
13		13 motion Proceed In Forma Pauperis Mon 09/17 2:26 PM MOTION for Leave to Proceed in forma pauperis on appeal with certificate of trust account re12 Notice of Appeal, filed by Timothy Paul Adame. (krd) Related: [-]
12		12 appeal Notice of Appeal Mon 09/17 2:23 PM NOTICE OF APPEAL as to10 Order of Dismissal or Administrative Closure to the Fifth Circuit by Timothy Paul Adame. T.O. form to appellant electronically at[LINK:Transcript Order Form] or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions[LINK:here] . (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (krd) Related: [-]
Tuesday, July 17, 2018
11		11 order Judgment Tue 07/17 11:23 AM JUDGMENT: For the reasons stated in the Court's Order of even date, IT IS ORDERED, ADJUDGED, AND DECREED that the above-styled and numbered Motion Under 28 U.S.C. � 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody is DENIED and DISMISSED with prejudice. (Ordered by Senior Judge Sam R Cummings on 7/17/2018) (krd) Related: [-]
10		10 2 pgs order Order of Dismissal or Administrative Closure ~Util - Terminate Motions Tue 07/17 11:17 AM ORDER: The Court has carefully considered Adame's Motion, the United States's Response, Adame's Reply, and the relevant records, and is of the opinion that Movant's Motion1 Under 28 U.S.C.� 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody should be DENIED and DISMISSED WITH PREJUDICE for the reasons stated in the United States's thorough and well-drafted Response. All relief not expressly granted is denied, and any pending motions are denied. Pursuant to Rule 22 of the Federal Rules of Appellate Procedure and 28 U.S.C. � 2253(c), this Court finds that a certificate of appealability is denied. For the reasons set forth herein, Movant has failed to show that a reasonable jurist would find (1) this Court's "assessment of the constitutional claims debatable or wrong," or (2) "it debatable whether the petition states a valid claim of the denial of a constitutional right" and "debatable whether [this Court] was correct in its procedural ruling." (Ordered by Senior Judge Sam R Cummings on 7/17/2018) (krd) Related: [-]
		misc Order Receipt Tue 07/17 11:24 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:10,11. Tue Jul 17 11:24:17 CDT 2018 (crt) Related: [-]
Thursday, June 08, 2017
9		9 respm Reply Thu 06/08 4:02 PM MOVANT'S REPLY TO THE GOVERNMENT'S RESOPNSE TO MOVANT'S MOTION TO VACATE JUDGMENT OF CONVICTION AND SENTENCE PURSUANT TO 28 U.S.C. � 2255 filed by Timothy Paul Adame re:8 Response/Objection (bmg) Related: [-]
Tuesday, May 23, 2017
8		8 respm Response/Objection Tue 05/23 2:21 PM RESPONSE filed by USA re:1 Motion to Vacate under 28 U.S.C. 2255,, (Burch-DOJ, Amanda) Related: [-]
Tuesday, April 18, 2017
7		7 order Order on Motion for Leave to File Tue 04/18 12:10 PM ORDER denying6 Motion to Supplement. (Ordered by Senior Judge Sam R Cummings on 4/18/2017) (bdg) Related: [-]
		misc Order Receipt Tue 04/18 12:11 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Tue Apr 18 12:11:11 CDT 2017 (crt) Related: [-]
Monday, April 17, 2017
6		6 motion Leave to File Mon 04/17 2:40 PM MOTION for Leave to Supplement record with affidavit of Kathy Adamefiled by Timothy Paul Adame (egp) Related: [-]
Monday, April 03, 2017
5		5 respm Brief/Memorandum In Support Mon 04/03 4:53 PM MOVANT'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO VACATE JUDGMENT OF CONVICTION AND SENTENCE PURSUANT TO 28 U.S.C. � 2255 by Timothy Paul Adame re1 Motion to Vacate under 28 U.S.C. 2255. (zzm) Related: [-]
Saturday, March 25, 2017
4		4 notice Notice of Substitution of Counsel - AUSA - AFPD Sat 03/25 3:28 PM Notice of Substitution of Counsel by AUSA. Amanda R Burch-DOJ added as AUSA. (Burch-DOJ, Amanda) Related: [-]
Friday, March 24, 2017
3		3 order Order to Show Cause/Order to Answer Fri 03/24 2:08 PM Order TO SHOW CAUSE, NOTICE, AND INSTRUCTIONS TO PARTIES: Respondent is directed to file an answer to Movant's petition pursuant to Rule 5 of the Rules Governing Section 2255 Cases in the U.S. District Court within sixty (60) days of the date of this Order. No extensions. Respondent shall mail a copy of the answer, together with a copy of any supporting brief filed to Movant. Respondent shall file a certificate with the Clerk evidencing such service. All records must be filed with the Clerk within sixty (60) days from the date of this Order. Movant's response to Respondent's answer to be filed within (21) days from the date shown on Respondent's certificate of service. The clerk has served this order and will regenerate notice of the motion and supporting documents to the designated Assistant US Attorney. Wes Hendrix-DOJ for USA added. (Ordered by Senior Judge Sam R Cummings on 3/24/2017) (zzm) Related: [-]
		misc Order Receipt Fri 03/24 2:08 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:3. Fri Mar 24 14:08:46 CDT 2017 (crt) Related: [-]
Tuesday, March 14, 2017
		qcref Cummings (West Texas) Tue 03/14 10:05 AM New Case Notes: A filing fee is not due for this case. (zzm) Related: [-]
		misc Order Receipt Tue 03/14 10:09 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Tue Mar 14 10:09:21 CDT 2017 (crt) Related: [-]
Monday, March 13, 2017
2		2 notice Notice and Instruction to Pro Se Party Tue 03/14 10:05 AM Notice and Instruction to Pro Se Party (zzm) Related: [-]
1		1 mot2255 Motion to Vacate under 28 U.S.C. 2255 Tue 03/14 10:04 AM MOTION to Vacate under 28 U.S.C. 2255 (Criminal Case Number 5:15-CR-65) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (zzm) Related: [-]

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