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07-171 - Edwards v. United States of America (INMATE 3)


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07-171 - Edwards v. United States of America (INMATE 3)
February 28, 2007
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ORDER that on or before 3/22/2007, Edwards shall advise this court whether he seeks to: 1. Proceed before this court on the claims presented in his 2/8/2007 1 Motion to Vacate/Set Aside/Correct Sentence (2255); 2. Amend this motion to assert any additional claims on which he wishes to challenge the convictions and sentence imposed upon him by this court; or 3. Dismiss the motion. Edwards is advised that if he fails to file a response in compliance with this order, this cause will proceed as an action under 28 U.S.C. 2255, and the court will consider only those claims presented in the motion filed 2/8/2007. Signed by Judge Wallace Capel Jr. on 2/28/2007. (dmn)
March 29, 2007
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ORDER re 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Frank James Edwards, directing the Clerk to serve a copy of Edwards's 2255 motion upon the United States Attorney for the MD/AL. The United States is ORDERED to file a response to Edwards's motion within thirty (30) days from the date of this order as further set out in the order. Response to Motion due by 4/28/2007. Signed by Judge Wallace Capel Jr. on 3/29/2007. Copy placed in US Attorney's box. (dmn) [Modified on 3/29/2007 to reflect that a copy of the order was placed in the US Attorney's box.-DMN]
June 5, 2007
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ORDER directing the United States Attorney TO SHOW CAUSE (a) as to why he has failed to file a response addressing the claims in Petitioner's 1 Motion to Vacate/Set Aside/Correct Sentence (2255) in compliance with the court's 4 Order entered on 3/29/2007, and (b) file with this court and provide to Petitioner a response addressing the claims in the 2255 motion. Show Cause Response due by 6/27/2007. Signed by Judge Wallace Capel Jr. on 6/5/2007. (dmn)
August 20, 2007
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ORDERED that on or before 9/4/07, the United States Attorney shall (a) show cause why he has failed to file a response addressing the claims in petitioner's 2255 motion in compliance with the court's orders entered on 3/29/07 and 6/5/07, and (b) file with this court and provide to petitioner a response addressing the claims in the 2255 motion. Signed by Judge Wallace Capel Jr. on 8/20/07. (sl, )
September 5, 2007
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ORDER granting government's 8 Motion for Extension of Time. Further ORDERED that the government be GRANTED an extension from 4/28/2007 to and including 11/5/2007 to file a response to the petitioner's 1 Motion to Vacate/Set Aside/Correct Sentence (2255). Response due by 11/5/2007. Signed by Judge Wallace Capel Jr. on 9/5/2007. (dmn)
November 6, 2007
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ORDER directing Edwards TO SHOW CAUSE as to why his 1 Motion to Vacate/Set Aside/Correct Sentence (2255), should not be dismissed because it was not filed within the one-year limitation period established by the AEDPA or for the other reasons asserted by the government. Show Cause Response due by 11/28/2007.Signed by Judge Wallace Capel Jr. on 11/6/2007. (dmn)
June 13, 2008
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REPORT AND RECOMMENDATIONS that 1 motion for relief pursuant to 28 U.S.C. ยง 2255 be denied and that this case be dismissed with prejudice. Objections to R&R due by 6/26/2008. Signed by Honorable Wallace Capel, Jr on 6/13/2008. (cc, )
July 3, 2008
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ORDERED that the 15 Recommendation of the Magistrate Judge is adopted; the motion for relief pursuant to 28 USC 2255 is denied and this case is dismissed with prejudice. Signed by Hon. Chief Judge Mark E. Fuller on 7/3/08. (sl, )
July 3, 2008
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JUDGMENT entered in favor of respondent and against petitioner and this action is dismissed with prejudice. The Clerk is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Hon. Chief Judge Mark E. Fuller on 7/3/08. (Attachments: # (1) Civil Appeals Checklist)(sl, )