Clark v. USA (4:17-cv-00231), Texas Northern District Court

Clark v. USA

Texas Northern District Court
Judge:	John Mcbryde
Case #:	4:17-cv-00231
Nature of Suit	510 Prisoner Petitions - Motions to Vacate Sentence
Cause	28:2255 Motion to Vacate / Correct Illegal Sentence

Case Filed:	Mar 15, 2017
Terminated:	May 04, 2017

Petitioner Justin Clark
Respondent USA

GPO May 04 2017
Memorandum Opinion and Order...all relief sought under 28 USC 2255 denied; certificate of appealability denied. (Ordered by Judge John McBryde on 5/4/2017) (wrb)

Docket last updated: 9 hours ago

Tuesday, January 30, 2018
13		13 appeal USCA Judgment/Mandate Tue 01/30 10:37 AM JUDGMENT/MANDATE of USCA 17-10621 as to10 Notice of Appeal filed by Justin Clark. Clark's claims do not meet the standard for obtaining a COA. Accordingly, his motion for a COA is DENIED. Issued as Mandate: 1/30/2018. (skg) Related: [-]
		Att: 1 USCA5 Cover letter
Monday, July 31, 2017
		notice Notice (Other) Mon 07/31 2:55 PM APPEARANCE FORM FILED by Attorney(s) Timothy W. Funnell for party(s) Appellee USA, Lead in case 17-10621 by Attorney James Wesley Hendrix for Appellee USA, counsel of record in case17-10621. Access to the EROA has been granted. (tle) Related: [-]
Monday, July 17, 2017
		appeal Appeal Record Certified/Transmitted Mon 07/17 4:04 PM Record on Appeal for USCA5 17-10621 Related [+]: Record consisting of: 1 Civil ECF electronic record on appeal (eROA), 1 Criminal ECF electronic record on appeal (eROA) is certified, 2 Volume(s) electronic transcript, Sealed or ex parte electronic document number(s): 1-2,32,42-43,45,66,0-62,220,310 (circuit approval is required for access), 1 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. (tle) Related: [-] lated to10 appeal
		misc Order Receipt Mon 07/17 4:25 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:. Mon Jul 17 16:25:12 CDT 2017 (crt) Related: [-]
Monday, June 26, 2017
		misc Order Receipt Mon 06/26 12:08 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:12. Mon Jun 26 12:08:06 CDT 2017 (crt) Related: [-]
Friday, June 23, 2017
12		12 order Order on Motion for Leave to Proceed In Forma Pauperis Fri 06/23 3:55 PM ORDER granting11 Motion to Proceed on Appeal In Forma Pauperis. cy to appeals (Ordered by Judge John McBryde on 6/23/2017) (wrb) Related: [-]
Thursday, June 22, 2017
11		11 motion Proceed In Forma Pauperis Thu 06/22 4:47 PM MOTION for Leave to Proceed in forma pauperis on appeal with certificate of trust account re10 Notice of Appeal, filed by Justin Clark. (tle) Related: [-]
Monday, June 12, 2017
		appeal USCA Case Number Mon 06/12 5:00 PM USCA Case Number 17-10621 in U S Court of Appeals 5th Circuit for10 Notice of Appeal, filed by Justin Clark. (tle) Related: [-]
Tuesday, May 30, 2017
10		10 appeal Notice of Appeal Tue 05/30 10:43 AM NOTICE OF APPEAL as to9 Judgment,8 Memorandum Opinion and Order to the Fifth Circuit, received from the Fifth Circuit for processing in this office on 5/30/17, by Justin Clark. 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. (tle) Related: [-]
		Att: 1 Cover Letter
		misc Order Receipt Tue 05/30 10:45 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. NOA mailed to Clark Tue May 30 10:45:45 CDT 2017 (crt) Related: [-]
Friday, May 05, 2017
		misc Order Receipt Fri 05/05 12:52 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:8,9. Fri May 5 12:52:07 CDT 2017 (crt) Related: [-]
Thursday, May 04, 2017
9		9 order Judgment Thu 05/04 12:08 PM FINAL JUDGMENT...all relief under 28 USC 2255 is denied. (Ordered by Judge John McBryde on 5/4/2017) (wrb) Related: [-]
8		8 order Memorandum Opinion and Order Thu 05/04 12:04 PM Memorandum Opinion and Order...all relief sought under 28 USC 2255 denied; certificate of appealability denied. (Ordered by Judge John McBryde on 5/4/2017) (wrb) Related: [-]
Monday, April 17, 2017
7		7 respm Appendix in Support Mon 04/17 4:41 PM Appendix in Support filed by USA to6 Motion under 28 USC 2255 (wrb) Related: [-]
6		6 respm Response/Objection Mon 04/17 4:40 PM RESPONSE filed by USA re:1 Motion to Vacate under 28 U.S.C. 2255,, (wrb) Related: [-]
Tuesday, March 28, 2017
5		5 notice Notice of Substitution of Counsel - AUSA - AFPD Tue 03/28 4:46 PM Notice of Substitution of Counsel by AUSA. Timothy Wayne Funnell-DOJ for USA added, Wes Hendrix-DOJ terminated. (wrb) Related: [-]
Friday, March 17, 2017
		misc Order Receipt Fri 03/17 12:07 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. cy to Clark Fri Mar 17 12:07:34 CDT 2017 (crt) Related: [-]
Thursday, March 16, 2017
4		4 order Order to Show Cause/Order to Answer Fri 03/17 12:07 PM Order to Show Cause, Notice, and Instructions to Parties. 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. Show Cause Response due by 4/17/2017. Clerk mailed copy to movant. By Apr 27 2017, movant shall file and serve any reply. (Ordered by Judge John McBryde on 3/16/2017) (wrb) Related: [-]
		qcref McBryde Thu 03/16 1:45 PM New Case Notes: A filing fee is not due for this case. No prior sanctions found. (For court use only - links to the[LINK:national] and[LINK:circuit] indexes.) File to Judge McBryde. (wrb) Related: [-]
		misc Order Receipt Thu 03/16 1:47 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:2,3. cy to Clark Thu Mar 16 13:47:12 CDT 2017 (crt) Related: [-]
Wednesday, March 15, 2017
3		3 order Paper Case Designation Order Thu 03/16 1:46 PM Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Judge John McBryde on 3/15/2017) (wrb) Related: [-]
2		2 notice Notice and Instruction to Pro Se Party Thu 03/16 1:45 PM Notice and Instruction to Pro Se Party (wrb) Related: [-]
1		1 mot2255 Motion to Vacate under 28 U.S.C. 2255 Thu 03/16 1:44 PM MOTION to Vacate under 28 U.S.C. 2255 (Criminal Case Number 4:15-cr-271-A) 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. (wrb) Related: [-]

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