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04-585 - United States of America v. Rady


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04-585 - United States of America v. Rady
February 15, 2017
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ORDER as to Larry James Rady (1): It is ORDERED DENYING Petitioner's Motion to Vacate (Doc. 1). It is further ORDERED DENYING a certificate of appealability under Rule 11, Rules Governing Section 2255 Proceedings, for the reason that Petitioner has not made a substantial showing of the denial of a constitutional right under 28 U.S.C. 2253(c). Signed by Senior Judge Frederick J Martone on 2/15/2017. (REK) Civil Case 2:16-cv-01294-FJM closed.
January 10, 2018
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ORDER as to Larry James Rady: The court is in receipt of the requested Supplement. (Doc. 110). However, we are not persuaded that the authority cited supports jurisdiction. For example, the quotation to Rule 23(b)(3), Fed. R. App. P. conflates the language of Rule 23(b)(3) with Rule 23 (c). Moreover, neither rule is directly in point. Rule 23(b) applies where "a decision not to release a prisoner is under review." That is not the case here. Rule 23(c) applies where "a decision ordering the release of a prisoner is under review." That, too, is not the case here. The parties have failed to support their request with any precedent. This is a case in which there was an appeal and no mandate has issued. The parties may have to seek relief in the court of appeals or get the mandate issued, unless they can support their request with more persuasive authority. Signed by Senior Judge Frederick J Martone on 1/10/18.(MAW)
January 25, 2018
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ORDER denying 113 Motion to Vacate Release Hearing as to Larry James Rady (1) [see attached Order for details]. Signed by Senior Judge Frederick J Martone on 1/25/18.(MAW)