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05-243 - USA v. Tubbs et al


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05-243 - USA v. Tubbs et al
June 29, 2005
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DETENTION ORDER as to Angel Lelynn Brewer signed by Judge Peter A. Nowinski on 06/29/05. (Cannarozzi, N)
November 10, 2005
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DETENTION ORDER signed by Judge Dale A. Drozd on 11/9/05 as to Javaris Marquez Tubbs. (Caspar, M)
December 1, 2005
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STIPULATION AND ORDER signed by Judge William B. Shubb on 11/30/05 as to Javaris Marquez Tubbs ORDERING Status Conference re-set for 12/14/2005 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Carlos, K)
January 30, 2006
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ORDER signed by Judge William B. Shubb on 01/27/06 ORDERING that the Request for substitution of attorney 30 is GRANTED. Mary M. French, Assistant Federal Defender, is RELIEVED as attorney of record and Fred Dawson, Attorney at Law is substituted in as counsel for defendant Javaris Marquez Tubbs. (Mena-Sanchez, L)
May 16, 2006
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ORDER FOR RELEASE OF PERSON IN CUSTODY signed by Judge William B. Shubb on 5/16/2006 as to Angel Lelynn Brewer . (Matson, R)
July 26, 2006
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RELATED CASE ORDER signed by Judge William B. Shubb on 7/24/06 ORDERING that the Action denominated CR S-06-0290 LKK is REASSIGNED to the Honorable William B. Shubb for all further proceedings. The caption on all documents filed in the reassigned case shall be shown as CR S-06-0290 WBS, and any dates currently set in the reassigned case only are VACATED. IT IS FURTHER ORDERED that the Clerk make appropriate adjustments in the assignment of criminal cases to compensate for this reassignment. (Mena-Sanchez, L)RELATED CASE ORDER signed by Judge William B. Shubb on 7/24/06 ORDERING that the Action denominated CR S-06-0290 LKK is REASSIGNED to the Honorable William B. Shubb for all further proceedings. The caption on all documents filed in the reassigned case shall be shown as CR S-06-0290 WBS, and any dates currently set in the reassigned case only are VACATED. IT IS FURTHER ORDERED that the Clerk make appropriate adjustments in the assignment of criminal cases to compensate for this reassignment. (Mena-Sanchez, L)RELATED CASE ORDER signed by Judge William B. Shubb on 7/24/06 ORDERING that the Action denominated CR S-06-0290 LKK is REASSIGNED to the Honorable William B. Shubb for all further proceedings. The caption on all documents filed in the reassigned case shall be shown as CR S-06-0290 WBS, and any dates currently set in the reassigned case only are VACATED. IT IS FURTHER ORDERED that the Clerk make appropriate adjustments in the assignment of criminal cases to compensate for this reassignment. (Mena-Sanchez, L)
October 26, 2006
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STIPULATION and ORDER signed by Judge William B. Shubb on 10/25/06 ORDERING that the 11/1/2006 Sentencing of dfts Blanche and Tubbs is CONTINUED to 12/6/2006 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Brown, T)STIPULATION and ORDER signed by Judge William B. Shubb on 10/25/06 ORDERING that the 11/1/2006 Sentencing of dfts Blanche and Tubbs is CONTINUED to 12/6/2006 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Brown, T)
December 6, 2006
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STIPULATION and ORDER as to Michael Wayne Blanche signed by Judge William B. Shubb on 12/5/06 ORDERING that the 12/6/06 Sentencing Hearing is CONTINUED to 1/8/2007 at 08:30 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Brown, T)
December 6, 2006
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STIPULATION and ORDER signed by Judge William B. Shubb on 12/5/06 ORDERING that the 12/6/06 Sentencing Hearing is CONTINUED to 1/22/2007 at 08:30 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Brown, T)
March 2, 2007
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JUDGMENT and COMMITMENT as to Michael Wayne Blanche signed by Judge William B. Shubb on 2/28/2007. (Kirksey Smith, K)
March 14, 2007
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STIPULATION and ORDER signed by Judge William B. Shubb on 3/8/07 CONTINUING the 3/12/07 Judgment & Sentencing to 6/18/2007 at 08:30 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Brown, T)
December 14, 2007
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STIPULATION and ORDER as to Javaris M. Tubbs and Angel Lelynn Brewer signed by Judge William B. Shubb on 12/14/07 re 129 ORDERING that Sentencing CONTINUED to 3/10/2008 at 08:30 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Duong, D)STIPULATION and ORDER as to Javaris M. Tubbs and Angel Lelynn Brewer signed by Judge William B. Shubb on 12/14/07 re 129 ORDERING that Sentencing CONTINUED to 3/10/2008 at 08:30 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Duong, D)
January 28, 2008
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ORDER of RECUSAL signed by Judge William B. Shubb on 01/28/08 in case as to Javaris Marquez Tubbs and Michael Wayne Blanche. Judge William B. Shubb RECUSED. Case REASSIGNED to Senior Judge Edward J. Garcia for all further proceedings. All dates currently set in this case are hereby VACATED. The captions on all documents filed in this case shall be shown as CR No. 05-0243 EJG. (Benson, A).ORDER of RECUSAL signed by Judge William B. Shubb on 01/28/08 in case as to Javaris Marquez Tubbs and Michael Wayne Blanche. Judge William B. Shubb RECUSED. Case REASSIGNED to Senior Judge Edward J. Garcia for all further proceedings. All dates currently set in this case are hereby VACATED. The captions on all documents filed in this case shall be shown as CR No. 05-0243 EJG. (Benson, A).ORDER of RECUSAL signed by Judge William B. Shubb on 01/28/08 in case as to Javaris Marquez Tubbs and Michael Wayne Blanche. Judge William B. Shubb RECUSED. Case REASSIGNED to Senior Judge Edward J. Garcia for all further proceedings. All dates currently set in this case are hereby VACATED. The captions on all documents filed in this case shall be shown as CR No. 05-0243 EJG. (Benson, A).
January 26, 2009
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JUDGMENT and COMMITMENT as to Angel Lelynn Brewer signed by Senior Judge Edward J. Garcia on 1/23/09. (Lydon, C)
February 25, 2009
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STIPULATION and ORDER signed by Senior Judge Edward J. Garcia on 2/19/09: Status Conference RESET for 3/20/2009 at 10:00 AM in Courtroom 8 (EJG) before Senior Judge Edward J. Garcia. Excludable started as to Javaris Marquez Tubbs: T-4 Start: 2/20/09 Stop: 3/20/09. (Kaminski, H)
March 20, 2009
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STIPULATION and ORDER signed by Senior Judge Edward J. Garcia on 03/19/09 ORDERING that the sentencing be re-set for 3/27/2009 at 10:00 AM in Courtroom 8 (EJG) before Senior Judge Edward J. Garcia. (Streeter, J)
April 7, 2009
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JUDGMENT and COMMITMENT as to Javaris Marquez Tubbs signed by Senior Judge Edward J. Garcia on April 7, 2009. (Lydon, C)
August 23, 2012
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ORDER signed by Senior Judge Edward J. Garcia on 8/21/2012. Defendant Javaris Marquez Tubbs has written letters describing dissatisfaction with trial and appellate attorneys and requests for appointment of counsel. The defendant has not constitutional right to appointed counsel in post-conviction proceedings. At this juncture, the Court is DECLINING to appoint counsel for defendant. (Marciel, M)
March 16, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/16/16 ORDERING that plaintiff is directed to file an answer within 60 days of this order. Plaintiff shall include with the answer any and all transcripts or other documents relevant to the determination of the issues presented in the motion. Rule 5, Rules Governing Section 2255 Proceedings. Defendants traverse, if any, is due on or before thirty days from the date respondents answer is filed. The Clerk of the Court shall serve a copy of this order, together with a copy of defendants motion, on the United States Attorney or his authorized representative. Defendants request for the appointment of counsel (ECF No. 166) is DENIED. (Dillon, M)ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/16/16 ORDERING that plaintiff is directed to file an answer within 60 days of this order. Plaintiff shall include with the answer any and all transcripts or other documents relevant to the determination of the issues presented in the motion. Rule 5, Rules Governing Section 2255 Proceedings. Defendants traverse, if any, is due on or before thirty days from the date respondents answer is filed. The Clerk of the Court shall serve a copy of this order, together with a copy of defendants motion, on the United States Attorney or his authorized representative. Defendants request for the appointment of counsel (ECF No. 166) is DENIED. (Dillon, M)ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/16/16 ORDERING that plaintiff is directed to file an answer within 60 days of this order. Plaintiff shall include with the answer any and all transcripts or other documents relevant to the determination of the issues presented in the motion. Rule 5, Rules Governing Section 2255 Proceedings. Defendants traverse, if any, is due on or before thirty days from the date respondents answer is filed. The Clerk of the Court shall serve a copy of this order, together with a copy of defendants motion, on the United States Attorney or his authorized representative. Defendants request for the appointment of counsel (ECF No. 166) is DENIED. (Dillon, M)
May 25, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/25/16 as to Javaris Marquez Tubbs ORDERING that plaintiff need not file an answer to defendant's § 2255 motion until further notice from the court; and defendant is granted until June 26, 2016 to file motion for leave to amend his § 2255 motion. Defendant shall include a copy of the proposed amended § 2255 motion with his motion for leave to amend. (Dillon, M)
June 21, 2016
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ORDER as to Michael Wayne Blanche re 186 MOTION to VACATE, Set Aside or Correct Sentence under 28 U.S.C. 2255: United States shall file an opposition to petitioner's motion no later than 7/22/2016. Petitioner may then file a reply no later than 8/5/2016. The court will then take the motion under submission and will inform the parties if oral argument or further proceedings are necessary. (Kirksey Smith, K)
July 1, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/01/16 granting 189 Motion for leave to amend his motion to vacate, set aside, or correct his sentence pursuant to 28 USC 2255 as to Javaris Marquez Tubbs (1). The clerk of the court is directed to file defendant's amended 2255 motion under its own docket heading. Plaintiff is directed to file an answer within 60 days. Defendant's traverse, if any, is due on or before 30 days from the date respondent's answer is filed. (Plummer, M)
July 12, 2016
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ORDER signed by Senior Judge William B. Shubb on 7/11/2016 as to Michael Wayne Blanche re 176 MOTION to REDUCE SENTENCE PURSUANT TO 18 USC 3582(c)(2) : Government's opposition due by 8/15/2016. Defendant's reply due by 8/30/2016. (Kirksey Smith, K)
July 14, 2016
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ORDER signed by Senior Judge William B. Shubb on 7/13/16 ORDERING that Petitioners MOTION pursuant to 28 U.S.C. § 2255 (Docket No. 186) is REFERRED to the assigned Magistrate Judge for all further proceedings pursuant to 28 U.S.C. § 636(b)(1)(B). The previously set briefing schedule (Docket No. 187) shall remain in effect. (Mena-Sanchez, L)
July 14, 2016
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ORDER signed by Senior Judge William B. Shubb on 7/13/16 ORDERING that Petitioner Javaris Marquez Tubbs' MOTION to VACATE, Set Aside or Correct Sentence under 28 U.S.C. 2255 192 is REFERRED to Magistrate Judge Carolyn K. Delaney for all further proceedings pursuant to 28 U.S.C. § 636(b)(1)(B). (Mena-Sanchez, L)
July 25, 2016
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APPOINTMENT ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/22/16 as to Michael Wayne Blanche, ORDERING that the Office of the Federal Defender is relieved from assuming appointment in this case, and Attorney Paul Balazs is APPOINTED counsel for Mr. Bradley for Johnson matters, further proceedings in district court, and any resulting appeal. (Kastilahn, A)
July 25, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/22/16 ORDERING that Defendants motion for leave to file a second amended motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 (ECF No. 197) is GRANTED. The Clerk of the court is directed to file defendants second amended § 2255 motion under its own docket heading. Plaintiff is directed to file an answer within 60 days. Plaintiff shall include with the answer any and all transcripts or other documents relevant to the determination of the issues presented in the second amended motion. Defendant's traverse, if any, is due on or before 30 days from the date respondent's answer is filed. (Dillon, M)
August 24, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/24/16 as to Michael Wayne Blanche ORDERING that Attorney Balazs shall inform the court within 30 days whether he will file an amended 28 U.S.C. § 2255 motion on behalf of movant, represent movant in proceedings on the motion already on file (ECF No. 186), or file a motion to withdraw as counsel; Respondent's July 19, 2016 motion to stay is denied without prejudice; and Respondent need take no further action until notified by the court.. (Dillon, M)
September 21, 2016
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ORDER as to Michael Wayne Blanche signed by Senior Judge William B. Shubb on 9/20/2016 ORDERING that the Court's 8/29/2016 order appointing counsel shall extend to representation on defendant's 176 motion for modification or correction of a sentence. (Zignago, K.)
October 3, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/3/2016 ORDERING that movant Javaris Marquez Tubbs' 212 motion to file a third amended § 2255 motion is DENIED without prejudice to refiling by movant's counsel, and the 213 proposed amended motion is STRICKEN. (Yin, K)
October 21, 2016
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STIPULATION AND ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/21/16 as to Javaris Marquez Tubbs ordering the government's request for an extension of 25 days to 12/05/16 to file its response to defendant Tubbs's motion pursuant to 28 USC 2255 203. (Plummer, M)
November 16, 2016
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STIPULATION and ORDER as to Michael Wayne Blanche signed by Senior Judge William B. Shubb on 11/16/16 ORDERING Government's Response due by 12/15/2016 and Defendant's Reply due by 1/13/2017 re 176 Motion to Reduce Sentence Pursuant to 18 USC 3582(c)(2) - USSC Amendment. The matter shall then stand submitted absent further order of the court. (Washington, S)
November 17, 2016
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/17/16 as to Michael Wayne Blanche ordering respondent is directed to file an answer within sixty days of this order. Respondent shall include with the answer any and all transcripts or other documents relevant to the determination of the issues presented in the motion. Movants traverse, if any, is due on or before thirty days from the date respondents answer is filed. (Plummer, M)
December 2, 2016
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STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/1/16 ORDERING that the current briefing schedule in this matter is VACATED; Respondent United States of America shall file an Answer to Defendant-Movant Javaris Marquez Tubbs' MOTION to vacate, set aside or correct his sentence pursuant to 29 U.S.C. § 2255 on or before 1/9/2017; and Defendant-Movant Javaris Marquez Tubbs' optional Reply is due on or before 21 days after the date the Answer is filed.(Mena-Sanchez, L)
January 23, 2017
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/23/17 as to Javaris Marquez Tubbs GRANTING 226 Motion for leave to file a third amended 28 U.S.C. § 2255. The Clerk of the Court is directed to file movant's proposed third amended 28 U.S.C. § 2255 motion under its own docket heading. Respondent is directed to file an answer within 30 days. Respondent shall include with the answer any and all transcripts or other documents relevant to the determination of the issues presented in the motion. Movants traverse, if any, is due on or before 30 days from the date respondents answer is filed. (Dillon, M)
February 21, 2017
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ORDER TO TRANSFER signed by Senior Judge William B. Shubb on 2/21/17 as to Michael Wayne Blanche. David Shinn, Warden is hereby substituted for the United States of America as Respondent, and the matter is hereby transferred to the U.S. District Court for the Central District of California. Attorney Joyn Balazs is hereby relieved as counsel, without prejudice to defendant requesting appointment of new counsel in the Central District of California after the matter is transferred. (Mena-Sanchez, L)
March 1, 2017
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STIPULATION and ORDER as to Javaris Marquez Tubbs signed by Magistrate Judge Carolyn K. Delaney on 02/28/17 ordering that the Government's answering brief to movant's section 2255 motion is now due 03/03/17. (Plummer, M)
March 7, 2017
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/7/2017 ORDERING that the Government's answering brief to defendant Javaris Marquez Tubbs's Section 2255 petition is now due 3/8/2017. (Reader, L)
March 8, 2017
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STIPULATION and ORDER as to Javaris Marquez Tubbs signed by Magistrate Judge Carolyn K. Delaney on 03/08/17 ordering that the government's answering brief to defendant's section 2255 petition is now due 3/13/17. (Plummer, M)
September 13, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/13/2017 as to Michael Wayne Blanche RECOMMENDING 219 Amended Motion for Habeas Corpus relief be denied and the Clerk of Court be directed to close the companion civil case 2:16-cv-1335 WBS CKD. Referred to Senior Judge William B. Shubb. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
September 15, 2017
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 9/15/2017 as to Javaris Marquez Tubbs RECOMMENDING Respondent's motion for a stay be denied, 231 Third Amended Motion for Habeas Corpus be denied, and the Clerk be directed to close the companion civil case 2:12-cv-2987 WBS CKD. Referred to Senior Judge William B. Shubb. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
September 19, 2017
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STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/19/2017 and stipulated between the parties to EXTEND the due date for objections to the 248 findings and recommendations on Michael Wayne Blanche's § 2255 motion to 10/27/2017. (Yin, K)
October 20, 2017
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ORDER signed by Senior Judge William B. Shubb on 10/19/2017 ADOPTING IN FULL 249 Findings and Recommendations as to Javaris Marquez Tubbs. Respondent's motion for a stay is DENIED. DENYING 231 third amended motion for habeas relief. The court issues the certificate of appealability referenced in 28 U.S.C. § 2253 on the question of whether movant's conviction of armed bank robbery under 18 U.S.C. § 2113(a) and (d) was a conviction of a crime of violence within the meaning of 18 U.S.C. § 924(c). The Clerk of the Court is directed to close the companion civil case, No. 2:12-cv-2987 WBS CKD. (Washington, S) Modified on 10/20/2017 (Washington, S).
October 30, 2017
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STIPULATION and ORDER as to Michael Wayne Blanche signed by Magistrate Judge Carolyn K. Delaney on 10/30/17 ORDERING the due date for objections to the Magistrate Judge's findings and recommendations on defendant's 2255 motion is extended to 11/03/17. (Plummer, M)
December 19, 2017
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Senior Judge William B. Shubb on 12/19/2017 as to Michael Wayne Blanche ADOPTING in FULL 248 Findings and Recommendations. DENYING 219 Amended Motion for Habeas Corpus; The court issues the certificate of appealability on the question of whether movant's conviction of armed bank robbery was a conviction of a crime of violence within the meaning of 18 U.S.C. § 924(c); and The Clerk of the Court is directed to close the companion civil case No. 2:16-cv-1335 WBS CKD. (Washington, S)