Kenneth Lyle Spangle v. United States of America

California Central District Court
Judge:Josephine L Staton
Case #: 8:17-cv-00485
Nature of Suit510 Prisoner Petitions - Motions to Vacate Sentence
Cause28:2255 Motion to Vacate / Correct Illegal Sentence
Case Filed:Mar 17, 2017
Terminated:Aug 20, 2018

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Docket last updated: 12 hours ago
Monday, July 22, 2019
41 41 appeal USCA Memorandum/Opinion/Order Tue 07/23 10:05 AM
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals36 filed by Kenneth Lyle Spangle. CCA # 18-56122 The request for a certificate of appealability is DENIED. Any pending motions are denied as moot. DENIED. (jp)
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Friday, January 25, 2019
40 40 order Notice of Document Discrepancies and Order - Rejecting (CV 104A) Fri 01/25 4:42 PM
NOTICE OF DISCREPANCY AND ORDER by Judge Josephine L. Staton, ORDERING Letter to Judge submitted by Petitioner Kenneth Lyle Spangle received on 1/13/2019 is not to be filed but instead rejected. Denial based on: (1) Lacking name, address, phone, facsimile numbers, and e-mail address; (2) No copy provided for judge; (3) No letters to the judge; (4) No proof of service attached to document(s); (5) Defendant/Petitioner is represented by counsel. (jp)
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Tuesday, September 04, 2018
39 39 notice Notice of Appearance or Withdrawal of Counsel (G-123) Tue 09/04 12:15 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Alyssa D Bell counsel for Petitioner Kenneth Lyle Spangle. Alyssa D. Bell is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Petitioner Kenneth Lyle Spangle. (Bell, Alyssa)
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Wednesday, August 29, 2018
38 38 appeal Amended Appeal to 9th Circuit Court of Appeals Wed 08/29 10:40 AM
FIRST AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by Petitioner Kenneth Lyle Spangle. Amending Notice of Appeal to 9th Circuit Court of Appeals,36 Filed On: 08/21/2018; Entered On: 08/21/2018;(Mircheff, Brianna)
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Att: 1 Order (Dkt. 34)
Tuesday, August 21, 2018
37 37 appeal USCA Notification of Case Number Thu 08/23 9:57 AM
NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 18-56122 assigned to Notice of Appeal to 9th Circuit Court of Appeals,36 as to Petitioner Kenneth Lyle Spangle. (shb)
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36 36 appeal Appeal to 9th Circuit Court of Appeals Tue 08/21 9:09 AM
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Petitioner Kenneth Lyle Spangle. Appeal of Order on Motion for Appointment of Counsel,34 . (Appeal Fee - Fee exempt pursuant to statute).(Mircheff, Brianna)
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Att: 1 Order (Dkt. 34)
Monday, August 20, 2018
35 35 judgmentCV Judgment Mon 08/20 5:30 PM
JUDGMENT by Judge Josephine L. Staton, IT IS ADJUDGED that the petition in this matter is dismissed, and the action is dismissed with prejudice. (MD JS-6, Case Terminated). (es)
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34 34 order Appoint Counsel Mon 08/20 5:27 PM
ORDER DENYING MOTION TO VACATE OR CORRECT FEDERAL SENTENCE (Doc. 1); ORDER DENYING SUPPLEMENTAL MOTION TO VACATE OR CORRECT FEDERAL SENTENCE (Doc. 13); ORDER DENYING MOTION TO APPOINT COUNSEL (Doc. 2); ORDER DENYING ISSUANCE OF CERTIFICATE OF APPEALABILITY by Judge Josephine L. Staton. See order for details. (es)
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Friday, December 22, 2017
33 33 misc Reply Fri 12/22 8:31 AM
REPLY filed by Petitioner Kenneth Lyle Spangle to Motion to Vacate/Set Aside/Correct Sentence (2255),1 (Bell, Alyssa)
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Att: 1 Exhibit A
Wednesday, November 29, 2017
32 32 order For Order Wed 11/29 2:25 PM
ORDER by Judge Josephine L. Staton, GRANTING30 Unopposed EX PARTE APPLICATION for A 60-Day Extension to File His Reply to the Government's Opposition to His Supplemental Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. 2255. Petitioner's Reply Shall be filed on or before January 4, 2018. (es)
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Tuesday, November 28, 2017
31 31 misc Errata Tue 11/28 10:28 AM
NOTICE OF ERRATA filed by Petitioner Kenneth Lyle Spangle. correcting EX PARTE APPLICATION for Order for Extending Petitioner's Time to Respond to Government's Opposition to His Supplemental Motion to Vacate, Set Aside, Or Correct Sentence Under 28 U.S.C. Section 2255 30 (Bell, Alyssa)
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Att: 1 Corrected Ex Parte Application,
Att: 2 Proposed Order
Monday, November 27, 2017
30 30 4 pgs motion Order Mon 11/27 3:17 PM
EX PARTE APPLICATION for Order for Extending Petitioner's Time to Respond to Government's Opposition to His Supplemental Motion to Vacate, Set Aside, Or Correct Sentence Under 28 U.S.C. Section 2255 filed by petitioner Kenneth Lyle Spangle. (Bell, Alyssa)
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Att: 1 Proposed Order
Monday, October 02, 2017
29 29 1 pgs order Order Mon 10/02 10:37 AM
ORDER by Judge Josephine L. Staton; GRANTING27 Petitioner's Unopposed Ex Parte Application for a 60 Day Extension. FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED that Petitioner's Unopposed Ex Parte Application For a 60-Day Extension of time tofile his Reply brief is GRANTED. Petitioners Reply shall be filed on or beforeDecember 4, 2017. (mba)
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Friday, September 29, 2017
28 28 order For Order Fri 09/29 4:42 PM
ORDER by Judge Josephine L. Staton: granting27 Petitioner's Unopposed EX PARTE APPLICATION for A 30 Day Extension to File his Reply to the Government's Opposition to his Supplemental Motion to Vacate, Set Aside, or Correct Sentence Under 28 USC 2255. (twdb)
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Tuesday, September 26, 2017
27 27 4 pgs motion Order Tue 09/26 8:42 AM
EX PARTE APPLICATION for Order for Extenstion of Time PETITIONERS UNOPPOSED EX PARTE APPLICATION FOR A 60-DAY EXTENSION TO FILE HIS REPLY TO THE GOVERNMENTS OPPOSITION TO HIS SUPPLEMENTAL MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. § 2255 filed by petitioner Kenneth Lyle Spangle. (Bell, Alyssa)
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Att: 1 Proposed Order
Monday, August 28, 2017
26 26 order Extension of Time to File Mon 08/28 10:42 PM
ORDER by Judge Josephine L. Staton: Granting Petitioner's Unopposed EX PARTE APPLICATION for A 30-Day Extension to File His Reply to the Government's Opposition to His Supplemental Motion to Vacate, Set Aside, or Correction Sentence Under 28 U.S.C. § 225525 . Petitioner's Reply shall be filed on or before October 2, 2017. (mt)
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25 25 motion Extension of Time to File Document Mon 08/28 11:21 AM
EX PARTE APPLICATION for Extension of Time to File HIS REPLY TO THE GOVERNMENTS OPPOSITION TO HIS SUPPLEMENTAL MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. § 2255 filed by Petitioner Kenneth Lyle Spangle. (Bell, Alyssa)
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Att: 1 Proposed Order
24 24 attorney Attorney Appearance or Reassignment for the Federal Public Defenders Office Mon 08/28 11:18 AM
NOTICE OF APPEARANCE OR REASSIGNMENT of Deputy Public Defender Alyssa D Bell on behalf of Petitioner Kenneth Lyle Spangle. Filed by Petitioner Kenneth Lyle Spangle. (Attorney Alyssa D Bell added to party Kenneth Lyle Spangle(pty:pet))(Bell, Alyssa)
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Thursday, July 20, 2017
23 23 order Leave to File Document Thu 07/20 10:16 AM
ORDER Granting Application to File Memorandum of Points and Authorities Over 25 Pages19 by Judge Josephine L. Staton: FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED that the governments Unopposed Ex Parte Application for Permission to File Memorandum of Points and Authorities over 25 Pages, as authorized by LocalRule 11-6, in response to Defendant-Petitioner Kenneth Lyle Spangles Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255, is GRANTED. (lwag)
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Tuesday, July 18, 2017
22 22 notice Notice of Lodging Tue 07/18 3:54 PM
NOTICE OF LODGING filed re EX PARTE APPLICATION for Leave to file Memorandum of Points and Authorities Over 25 Pages 19(Ahn, Daniel)
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Att: 1 Proposed Order
Monday, July 17, 2017
21 21 notice Notice (Other) Mon 07/17 2:52 PM
NOTICE NOTICE OF ERRATA REGARDING DOCUMENT 20 ON THE CLERK'S RECORD filed by Plaintiff-Respondent United States of America. (Ahn, Daniel)
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20 20 respm Memorandum in Opposition to Motion Mon 07/17 1:50 PM
MEMORANDUM in Opposition to EX PARTE APPLICATION for Order for SETTING DEADLINE TO FILE AMENDED OR SUPPLEMENTAL MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. § 2255 11 filed by Respondent United States of America.(Ahn, Daniel)
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Att: 1 Declaration,
Att: 2 Exhibits A-X
19 19 motion Leave to File Document Mon 07/17 1:32 PM
EX PARTE APPLICATION for Leave to file Memorandum of Points and Authorities Over 25 Pages filed by Plaintiff-Respondent United States of America. (Ahn, Daniel)
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Monday, July 10, 2017
17 17 attorney Change of Address Mon 07/10 3:23 PM
NOTICE of Change of address Changing address to PO Box 898801 Oklahoma City, OK 73189-8801. Filed by Petitioner Kenneth Lyle Spangle. (twdb)
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Thursday, June 29, 2017
16 16 order Order Thu 06/29 10:12 AM
ORDER SETTING BRIEFING SCHEDULE by Judge Josephine L. Staton. The Court orders the Government to file its response to the motion on or before July 31, 2017. Petitioner shall file any reply to the Governments response on or before August 31, 2017. Upon the filing of Petitioners reply, this matter will stand submitted. (twdb)
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Wednesday, June 14, 2017
18 18 attorney Change of Address Fri 07/14 3:39 PM
NOTICE of Change of address Changing address to PO Box 24550 Tucson, AZ 85734. Filed by Petitioner Kenneth Lyle Spangle. (twdb) Modified on 7/14/2017 (twdb)
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Friday, June 09, 2017
15 15 misc Report Fri 06/09 9:48 PM
PRESENTENCE REPORT filed by Petitioner Kenneth Lyle Spangle. (mt)
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14 14 notice Manual Filing (G-92) Fri 06/09 1:58 PM
NOTICE of Manual Filing filed by Petitioner Kenneth Lyle Spangle of Presentence Report. (Mircheff, Brianna)
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13 13 misc Miscellaneous Document Fri 06/09 1:44 PM
SUPPLEMENTAL MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. § 2255 filed by Petitioner Kenneth Lyle Spangle(Mircheff, Brianna)
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Att: 1 Exhibit A-G
Tuesday, May 23, 2017
12 12 order For Order Tue 05/23 8:28 AM
ORDER Setting Deadline for Amended or Supplemental Motion to Vacate Sentence Under 28 U.S.C. § 225511 by Judge Josephine L. Staton: GOOD CAUSE HAVING BEEN SHOWN, and pursuant to Petitioners unopposed Ex Parte Application, the Court orders that any amendment or supplement relating to Petitioners Johnson claims shall be filed no later than June 19, 2017. (lwag)
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Friday, May 19, 2017
11 11 motion Order Fri 05/19 10:00 AM
EX PARTE APPLICATION for Order for SETTING DEADLINE TO FILE AMENDED OR SUPPLEMENTAL MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. § 2255 filed by Petitioner Kenneth Lyle Spangle. (Mircheff, Brianna)
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Att: 1 Proposed Order
Friday, April 21, 2017
9 9 order Notice of Document Discrepancies and Order - Granting (CV 104A) Fri 04/21 3:32 PM
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Josephine L. Staton ORDERING Letter submitted by Petitioner Kenneth Lyle Spangle received on 04/17/2017 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (dro)
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Monday, April 17, 2017
10 10 misc Letter Fri 04/21 3:34 PM
Letter from petitioner, Kenneth Lyle Spangle (dro)
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Wednesday, April 12, 2017
8 8 order For Order Wed 04/12 11:15 PM
ORDER by Judge Josephine L. Staton: Granting EX PARTE APPLICATION Setting Deadline for Amended or Supplemental Motion to Vacate Sentence Under 28 U.S.C. § 22557 (mt)
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Tuesday, April 11, 2017
7 7 motion Order Tue 04/11 10:15 AM
EX PARTE APPLICATION for Order for SETTING DEADLINE TO FILE AMENDED OR SUPPLEMENTAL MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. § 2255 filed by Petitioner Kenneth Lyle Spangle. (Mircheff, Brianna)
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Att: 1 Proposed Order
6 6 attorney Attorney Appearance or Reassignment for the Federal Public Defenders Office Tue 04/11 10:04 AM
NOTICE OF APPEARANCE OR REASSIGNMENT of Deputy Public Defender Brianna Fuller Mircheff on behalf of Petitioner Kenneth Lyle Spangle. Filed by Petitioner Kenneth Lyle Spangle. (Attorney Brianna Fuller Mircheff added to party Kenneth Lyle Spangle(pty:pet))(Mircheff, Brianna)
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Monday, April 03, 2017
5 5 motion Order Wed 04/05 11:06 PM
MOTION to Withdraw my Request to Hold in Abeyance filed by Petitioner Kenneth Lyle Spangle. (mt)
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Friday, March 24, 2017
4 4 attorney Attorney Appearance or Reassignment for the USA Fri 03/24 1:08 PM
NOTICE OF REASSIGNMENT of Assistant United States Attorney Daniel H. Ahn on behalf of Respondent United States of America. (Attorney Daniel H Ahn added to party United States of America(pty:res))(Ahn, Daniel)
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Friday, March 17, 2017
3 3 notice Notice of Assignment to US District Judge (CV-17) (2241 and 2255) - optional html form Mon 03/20 11:31 AM
NOTICE OF ASSIGNMENT to District Judge Josephine L. Staton for motion filed under 28 U.S.C. 2255. (car)
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2 2 motion Appointment of Counsel Mon 03/20 11:30 AM
REQUEST FOR APPOINTMENT OF COUNSEL In a Federal Habeas Corpus Case filed by Petitioner Kenneth Lyle Spangle. (car)
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1 1 cmp Motion to Vacate/Set Aside/Correct Sentence (2255) Mon 03/20 11:28 AM
MOTION to Vacate, Set Aside or Correct Sentence pursuant to 28 USC 2255 assigned to Judge Josephine L. Staton. For docketing entries refer to CR Case # 8:12-cr-00194-JLS, filed by Petitioner Kenneth Lyle Spangle. (car)
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Att: 1 Part 2 of Petition