Emmons v. USA

Texas Northern District Court
Judge:	John Mcbryde
Case #:	4:19-cv-00492
Nature of Suit	510 Prisoner Petitions - Motions to Vacate Sentence
Cause	28:2255 Motion to Vacate / Correct Illegal Sentence

Case Filed:	Jun 21, 2019
Terminated:	Aug 08, 2019

Petitioner Taylor Ashley Emmons
Respondent USA

GPO Aug 08 2019
MEMORANDUM OPINION AND ORDER: The court ORDERS that the relief sought by movant be, and is hereby, denied. For the reasons discussed herein, the court further ORDERS that a certificate of appealability be, and is hereby, denied, as movant has not made a substantial showing of the denial of a constitutional right. (Ordered by Senior Judge John McBryde on 8/8/2019) (bdb)

Docket last updated: 6 hours ago

Monday, December 21, 2020
15		15 appeal USCA Judgment/Mandate Mon 12/21 1:42 PM JUDGMENT/MANDATE of USCA No. 19-10930 as to11 Notice of Appeal, filed by Taylor Ashley Emmons. Consequently, because no jurist of reason could conclude that Emmons should be encouraged in an appellate claim that counsel rendered ineffective assistance in connection with her guilty plea conviction, a COA is DENIED. (tle) Related: [-]
Thursday, October 10, 2019
		notice Notice (Other) Thu 10/10 10:14 AM APPEARANCE FORM FILED at USCA5 by Attorney(s) E. J. Hurst II for party(s) Appellant Taylor Ashley Emmons, in case 19-10930 Access to the EROA. (tle) Related: [-]
Friday, September 13, 2019
		appeal Appeal Record Certified/Transmitted Fri 09/13 11:02 AM Record on Appeal for USCA5 19-10930 Related [+]: Record consisting of: 1 ECF civil electronic record on appeal (eROA), 1 ECF criminal electronic record on appeal is certified, 2 Volume(s) electronic transcript, Sealed or ex parte electronic document number(s): 21 (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 to11 appeal
		misc Order Receipt Fri 09/13 11:04 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:. Mailed paginated docket sheet to Petitioner Fri Sep 13 11:04:30 CDT 2019 (crt) Related: [-]
Thursday, August 29, 2019
14		14 1 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Thu 08/29 3:27 PM ORDER granting13 Motion for Leave to Proceed on Appeal In Forma Pauperis. (Ordered by Senior Judge John McBryde on 8/29/2019) (edm) Related: [-]
13		13 motion Proceed In Forma Pauperis Thu 08/29 2:36 PM MOTION for Leave to Proceed in forma pauperis on appeal with certificate of trust account re11 Notice of Appeal, filed by Taylor Ashley Emmons. (tle) Related: [-]
		misc Order Receipt Thu 08/29 3:28 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:14. Thu Aug 29 15:28:24 CDT 2019 (crt) Related: [-]
Friday, August 23, 2019
12		12 appeal USCA Letter Fri 08/23 11:59 AM Received letter from United States Court of Appeals Fifth Circuit re: No. 19-10930 We have docketed your appeal. You should use the number listed above on all future correspondence. (tle) Related: [-]
		appeal USCA Case Number Fri 08/23 12:01 PM USCA Case Number 19-10930 in United States Court of Appeals Fifth Circuit for11 Notice of Appeal, filed by Taylor Ashley Emmons. (tle) Related: [-]
Monday, August 19, 2019
11		11 appeal Notice of Appeal Mon 08/19 3:30 PM NOTICE OF APPEAL as to9 Memorandum Opinion and Order,10 Judgment, to the Fifth Circuit by Taylor Ashley Emmons. 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: [-]
		misc Order Receipt Mon 08/19 3:35 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:. Notice of Appeal and Motion to Proceed IFP on Appeal mailed to Petitioner Mon Aug 19 15:35:25 CDT 2019 (crt) Related: [-]
Thursday, August 08, 2019
10		10 order Judgment Thu 08/08 1:37 PM FINAL JUDGMENT: The court ORDERS, ADJUDGES, and DECREES that all relief sought by Taylor Ashley Emmons in the motion she filed under 28 U.S.C. � 2255 to vacate, set aside, or correct sentence by a person in federal custody be, and is hereby, denied. (Ordered by Senior Judge John McBryde on 8/8/2019) (bdb) Related: [-]
9		9 10 pgs order Memorandum Opinion and Order Thu 08/08 1:34 PM MEMORANDUM OPINION AND ORDER: The court ORDERS that the relief sought by movant be, and is hereby, denied. For the reasons discussed herein, the court further ORDERS that a certificate of appealability be, and is hereby, denied, as movant has not made a substantial showing of the denial of a constitutional right. (Ordered by Senior Judge John McBryde on 8/8/2019) (bdb) Related: [-]
		misc Order Receipt Thu 08/08 1:38 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:9, 10. Thu Aug 8 13:38:29 CDT 2019 (crt) Related: [-]
Wednesday, August 07, 2019
8		8 respm Reply Wed 08/07 4:55 PM REPLY filed by Taylor Ashley Emmonsto Government's6 Response to motion 28 USC 2255 (wrb) Related: [-]
Tuesday, July 30, 2019
7		7 notice Notice of Substitution of Counsel - AUSA - AFPD Wed 07/31 10:16 AM Notice of Substitution of Counsel by AUSA: Leigha A Simonton-DOJ for USA added, Wes Hendrix-DOJ terminated. (ctf) Related: [-]
Wednesday, July 24, 2019
6		6 respm Response/Objection Wed 07/24 4:28 PM RESPONSE filed by USA re:1 Motion to Vacate under 28 U.S.C. 2255,, (wrb) Related: [-]
Wednesday, July 03, 2019
5		5 notice Notice of Substitution of Counsel - AUSA - AFPD Wed 07/03 4:54 PM Notice of Substitution of Counsel by AUSA. Amy J Mitchell-DOJ for USA added, Wes Hendrix-DOJ terminated. (wrb) Related: [-]
Tuesday, June 25, 2019
		misc Order Receipt Tue 06/25 10:31 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. cy to Emmons, eserve AUSA Tue Jun 25 10:31:40 CDT 2019 (crt) Related: [-]
Monday, June 24, 2019
4		4 2 pgs order Order to Show Cause/Order to Answer Tue 06/25 10:31 AM 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 7/24/2019. (Ordered by Senior Judge John McBryde on 6/24/2019) (wrb) Related: [-]
		misc Order Receipt Mon 06/24 9:34 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:2,3. cy to Emmons Mon Jun 24 09:34:37 CDT 2019 (crt) Related: [-]
Friday, June 21, 2019
3		3 order Paper Case Designation Order Mon 06/24 9:34 AM Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Senior Judge John McBryde on 6/21/2019) (wrb) Related: [-]
2		2 notice Notice and Instruction to Pro Se Party Mon 06/24 9:32 AM Notice and Instruction to Pro Se Party (wrb) Related: [-]
1		1 mot2255 Motion to Vacate under 28 U.S.C. 2255 Mon 06/24 9:24 AM MOTION to Vacate under 28 U.S.C. 2255 (Criminal Case Number 4:17-cr-158-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: [-]
		qcref McBryde Mon 06/24 9:32 AM 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: [-]

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