Missouri Eastern District Court
Case #: 4:10-cv-00240
Nature of Suit510 Prisoner Petitions - Motions to Vacate Sentence
Cause28:2255 Motion to Vacate / Correct Illegal Sentenc
Case Filed:Feb 08, 2010
Terminated:Mar 27, 2013
Petitioner
Luis Rey Lopez-Iriarte
Respondent
United States of America

GPO May 14 2012
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioner's Motion for Extension of Time to File a Traverse [ECF No. 7] is GRANTED. IT IS FURTHER ORDERED that the Clerk shall mail to Petitioner, together with a copy of this Memorandum and Order, a copy of the Government's Response to Movant's Motion to Vacate, Set Aside, or Correct Sentence [ECF No. 3] at the following address: Luis Lopez-Iriarte (#34636-044), CCA Cibola County Correctional Center, P.O. Box 3540, Milan, NM 87021. Signed by Honorable John A. Ross on 5/14/12. (ARL)
GPO Mar 27 2013
MEMORANDUM AND ORDER:IT IS HEREBY ORDERED that Petitioner Luis Lopez-Iriartes Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 1 is DENIED. IT IS FURTHER ORDERED that Petitioners Motion for Traverse 13 construed as a request to present additional evidence outside the record or for evidentiary hearing on the immigration issue is DENIED. IT IS FURTHER ORDERED that Petitioners Motion Requesting Extension of Time to Reply Governments Response 21, construed as a request to supplement his reply to the Governments response, is GRANTED in part and Petitioners Reply to Governments Response Doc. No. [21-1] is considered by the Court. To the extent Petitioner is requesting additional time, that request is DENIED. IT IS FURTHER ORDERED that because Petitioner cannot make a substantial showing of the denial of a constitutional right, the Court will not issue a certificate of appealability. See Cox v. Norris, 133 F.3d 565, 569 (8th Cir. 1997). Signed by District Judge John A. Ross on 3/27/2013. (RAK)
GPO Apr 18 2013
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioner's ex-parte motion 23, construed as a motion for reconsideration, is DENIED. IT IS FURTHER ORDERED that Petitioner's Motion to Proceed In Forma Pauperis 24 is GRANTED.. Signed by District Judge John A. Ross on 4/18/13. (LGK)


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