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04-250 - USA v. Darling


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04-250 - USA v. Darling
November 23, 2005
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JUDGMENT and COMMITMENT ISSUED as to Kerry Dean Darling signed by Judge Frank C. Damrell Jr. on 011/23/05. (Price, M)
April 10, 2006
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ORDER signed by Judge John F. Moulds on 4/7/2006 DENYING 77 Motion for Appointment of Counsel filed by Kerry Dean Darling. (Matson, R)
April 13, 2006
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ORDER as to Kerry Dean Darling signed by Judge John F. Moulds on 04/13/06 ORDERING clerk to forward a copy of the 03/22/06 motion 78 and this order to movant's trial counsel; Within 15 days thereafter trial counsel to either provide a copy of the case file to movant or submit a written explanation to the court stating why counsel cannot. (Warren, P)
April 21, 2006
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ORDER as to Kerry Dean Darling signed by Judge John F. Moulds on 4/20/06 re 75 MOTION to VACATE ORDERING that respondent is directed to file an answer to the motion within 30 days of the effective date of this order. Movant's traverse, if any, is due on or before 30 days from the date respondent's answer is filed. Clerk shall serve a copy of this order together with a copy of movant's motion on the USAtty. (Duong, D)
August 25, 2006
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ORDER as to Kerry Dean Darling ordering due to the appointment of Magistrate Judge Brennan, this action is reassigned to him signed by Judge David F. Levi on 8/25/06. (Holland, K)
September 19, 2006
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ORDER signed by Judge Edmund F. Brennan on 9/19/2006 as to Kerry Dean Darling ORDERING 88 MOTION Appoint Counsel is GRANTED; The Office of the Federal Defender is hereby appointed as counsel of record and the request to hold the motion in abeyance is addressed in this court's Findings and Recommendations filed separately. (Matson, R)
September 19, 2006
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FINDINGS and RECOMMENDATIONS signed by Judge Edmund F. Brennan on 9/19/2006 as to Kerry Dean Darling RECOMMENDING 88 MOTION to Grant a Stay and Abeyance of 2255 Proceedings be denied and that the 2255 proceeding be dismissed w/out prejudice to refiling once all appeals are finally resolved. Objections to the F&R's are due w/in 20 days. (Matson, R)
November 16, 2006
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS 108, in full, signed by Judge Frank C. Damrell Jr. on 11/15/06. Movant Kerry Dean Darling's 88 MOTION to Stay action and 75 MOTION to VACATE under 28 U.S.C. 2255 are DENIED. Clerk directed to close companion civil case 2:06-CV-0318 FCD EFB P. (Marciel, M)
September 20, 2011
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/20/11 ORDERING that the respondent is directed to file an answer, motion or other response within sixty days of the date of this order; the Clerk shall serve a copy of this order, together with a copy of movant's 9/24/08 motion on the United States Attorney or his authorized representative. (Attachments: # (1) 2255 motion) (Becknal, R)
April 2, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/2/12 ORDERING that the office of the Federal Defender is APPOINTED as counsel for movant. In anticipation of the 4/11/12 status conference, the parties shall file a status report, not later than close of business on Friday, 4/6/12 addressing (1) any desired amendment to movants § 2255 motion, (2) anticipated discovery the parties will seek leave of court to conduct, and (3) any other matters concerning the future scheduling of this matter, including any potential request for an evidentiary hearing. (Mena-Sanchez, L)
April 16, 2012
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ORDER as to Kerry Dean Darling signed by Magistrate Judge Edmund F. Brennan on 4/16/12; The movant shall file an amended 2255 motion by 4/20/12; Movant may subpoena visitation records from the Sacramento County Jail; All discovery shall be completed by 7/19/12; Respondent shall file and serve a response to petitioners amended motion by August 20, 2012; Movant's traverse, if any, is due on or before September 19, 2012; and any motion for an evidentiary hearing shall be filed by September 19, 2012.(Matson, R)
August 21, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/21/12 ORDERING the litigation schedule in this matter shall be modified as follows: government's answer to the movant's amended motion shall be due 10/9/12; movant's traverse shall be due 11/8/12; and the deadline to move for evidentiary hearing shall be 11/8/12. (Becknal, R)
November 9, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/09/12 ORDERING that the government's Request for an Extension of time in this case is GRANTED; The litigation schedule in this matter shall be modified as follows: government's answer to the movant's 145 Amended motion shall be due 12/9/2012; Movant's traverse shall be due 1/7/13; and the deadline to move for Evidentiary hearing shall be 1/7/13. (Mena-Sanchez, L)
December 10, 2012
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ORDER as to Kerry Dean Darling signed by Magistrate Judge Edmund F. Brennan on 12/7/2012 ORDERING that the litigation schedule in this matter shall be modified as follows: government's answer to the movant's amended motion shall be due 1/21/2013; movant's traverse shall be due 2/21/2013; and the deadline to move for evidentiary hearing shall be 2/21/2013. (Zignago, K.)
January 23, 2013
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ORDER as to Kerry Dean Darling 159 signed by Magistrate Judge Edmund F. Brennan on 1/23/2013 ORDERING that the litigation schedule in this matter shall be modified as follows: government's answer to the movant's amended motion shall be due 2/4/2013; movant's traverse shall be due 2/21/2013; and the deadline to move for evidentiary hearing shall be 3/7/2013. (Krueger, M)
February 7, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/7/13 ORDERING that the Government's answer to the movant's Amended Motion shall be due 3/4/2013. Movant's traverse shall be due 3/21/2013; and the deadline to move for Evidentiary Hearing shall be 4/8/2013. (Mena-Sanchez, L)
March 21, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/20/2013 ORDERING 168 Having reviewed the government's request for an extension of time in this case, the litigation schedule in this matter shall be MODIFIED, Government's answer to the movant's amended motion shall be due 4/1/2013; movant's traverse shall be due 4/15/2013; and the deadline to move for evidentiary hearing shall be 4/22/2013 as to Kerry Dean Darling. 167 (Reader, L)
April 8, 2013
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STIPULATION and ORDER 170 to Amend Judgment and Sentence signed by Judge Garland E. Burrell, Jr. on 4/5/2013. Term of imprisonment originally imposed is REDUCED by 29 months for defendant Kerry Dean Darling (1). Count 1 sentenced to 331 months of imprisonment to be served concurrently with Count 2 for a term of 331 months to total of 331 months. All other terms and conditions of original Judgment remain in effect and Clerk directed to amend Judgment to reflect new sentence. (Marciel, M)
May 8, 2013
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JUDGMENT and COMMITMENT as to Kerry Dean Darling signed by Judge Garland E. Burrell, Jr on 5/8/13. (Furstenau, S)
April 17, 2015
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ORDER signed by Judge Garland E. Burrell, Jr. on 04/16/15 ORDERING that the Gov't is to file a response to the 173 Motion to Reduce Sentence Pursuant to 18 USC 3582(c)(2) - USSC Amendment by 05/01/15. (Benson, A)
September 16, 2015
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ORDER signed by Judge Garland E. Burrell, Jr on 9/15/15 DENYING 173 Motion to Reduce Sentence - USSC Amendment for Kerry Dean Darling (1) Count 1 as to Kerry Dean Darling (1). (Meuleman, A)
November 9, 2015
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ORDER signed by Judge Garland E. Burrell, Jr on 11/9/2015 re 184 USCA Order. The Defendant shall filed a written request no later than 12/4/2015, should he desire to request that time for filing his notice of appeal be extended. Any response by government shall be filed no later than 12/14/2015. (Donati, J)
February 28, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/27/17. Respondent is directed to file a response within sixty days from the date this order is issued re 194 Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255 filed by Kerry Dean Darling. Movant's reply, if any, is due on or before thirty days from the date respondent files a response. (Mena-Sanchez, L)
March 15, 2017
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/15/2017 GRANTING 197 Petitioner's request to stay proceedings; this matter is STAYED until 4/13/2017; Petitioner shall file a status report or appropriate motion by 4/13/2017. (Reader, L)