Gonzales v. Chandler
Texas Northern District Court | |
Judge: | John Mcbryde |
Case #: | 4:17-cv-00247 |
Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
Cause | 28:2255 Motion to Vacate / Correct Illegal Sentence |
Case Filed: | Mar 22, 2017 |
Terminated: | Apr 24, 2017 |
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Docket last updated: 8 hours ago |
Monday, April 24, 2017 | ||
9 | 9
order
Judgment
Mon 04/24 3:19 PM
FINAL JUDGMENT... In accordance with the court's order signed this date, The court ORDERS, ADJUDGES, and DECREES that the motion of Gregory Steven Gonzales under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence be, and is hereby, dismissed for want of jurisdiction, same being untimely. (Ordered by Judge John McBryde on 4/24/2017) (wxc) |
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8 | 8
order
Order
Mon 04/24 2:50 PM
ORDER... The court directs the clerk to cause the docket to reflect that the above-referenced motion is one brought under 28 U.S.C. § 2255. The court further directs that the caption of the case be amended henceforth to reflect that Gonzales is "movant" and United States of America is respondent and that the matter is related to Criminal Case No. 4:05-CR-030-A. The court ORDERS that the motion be, and is hereby, dismissed as untimely. (Ordered by Judge John McBryde on 4/24/2017) (wxc) |
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misc
Order Receipt
Mon 04/24 3:19 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:8,9. Mon Apr 24 15:19:47 CDT 2017 (crt) |
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Thursday, March 23, 2017 | ||
7 | 7
order
Order Setting Deadline/Hearing
Thu 03/23 2:56 PM
ORDER... On March 22, 2017, petitioner, Gregory Steven Gonzales, filed a document that the clerk has interpreted as a petition for writ of habeas corpus under 28 U.S.C. § 2241. The court is satisfied that no other conclusion could be reached but that it is, instead, a motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence. Nevertheless, in an abundance of caution, in light of Castro v. United States, 540 U.S. 375, 377 (2003), the court hereby notifies petitioner that: (1) it intends to construe the motion as one under § 2255; and (2) so construing the document will cause it to be subject to § 2255's "second or successive" restrictions. Therefore, the court is giving petitioner an opportunity to withdraw the filing. If he does not withdraw the filing by a document filed by April 17, 2017, the court may proceed to construe and docket the motion as one brought under § 2255. (Ordered by Judge John McBryde on 3/23/2017) (wxc) |
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6 | 6
order
Order on Motion for Leave to Proceed In Forma Pauperis
Thu 03/23 2:46 PM
ORDER granting2 ... Pursuant to the provision of 28 U.S.C. § 1915, permission is hereby granted for the above-named petitioner to proceed in forma pauperis in this cause. (Appl., ECF No. 2.) (Ordered by Judge John McBryde on 3/23/2017) (wxc) |
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misc
Order Receipt
Thu 03/23 2:47 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Thu Mar 23 14:47:15 CDT 2017 (crt) |
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misc
Order Receipt
Thu 03/23 2:57 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Thu Mar 23 14:57:24 CDT 2017 (crt) |
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Wednesday, March 22, 2017 | ||
5 | 5
notice
Notice and Instruction to Pro Se Party
Wed 03/22 4:57 PM
Notice and Instruction to Pro Se Party (wxc) |
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4 | 4
order
Paper Case Designation Order
Wed 03/22 4:57 PM
Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Judge John McBryde on 3/22/2017) (wxc) |
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3 | 3
qcref
McBryde
Wed 03/22 4:56 PM
New Case Notes: A filing fee has not been paid. No prior sanctions found. (For court use only - links to the[LINK:national] and[LINK:circuit] indexes.) File to staff attorney PW. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (wxc) |
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2 | 2
motion
Proceed In Forma Pauperis
Wed 03/22 4:53 PM
Application to Proceed in Forma Pauperis filed by Gregory Steven Gonzales (wxc) |
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1 | 1
cmp
Petition for Writ of Habeas Corpus
Wed 03/22 4:51 PM
PETITION for Writ of Habeas Corpus 2241 filed by Gregory Steven Gonzales. 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. (wxc) |
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misc
Order Receipt
Wed 03/22 4:58 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:3,4,5. Wed Mar 22 16:58:08 CDT 2017 (crt) |