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06-236 - USA v. Vega et al


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06-236 - USA v. Vega et al
June 9, 2006
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ORDER FOR RELEASE OF PERSON IN CUSTODY as to Francisco Emillio Vega signed by Judge Kimberly J. Mueller on 6/9/06. (Carlos, K)
September 11, 2006
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ORDER signed by Judge Garland E. Burrell Jr. on 9/8/06 ORDERING that the Request for substitution of counsel as to Francisco Emillio Vega 26 is GRANTED. Russel Miller and Christopher Haydn-Myer be substituted in as Defendant's Francisco Emilio Vega's attorney of record and that his current attorney, Mr. Gilbert Roque, be relieved as his attorney of record. (Mena-Sanchez, L)
November 17, 2006
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STIPULATION and ORDER signed by Judge Garland E. Burrell Jr. on 11/17/06 ORDERING Status Conference RE-SET for 1/19/2007 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. Time is EXCLUDED from 11/17/06 through and including 1/19/07 pursuant to Local Code T4. (Carlos, K)STIPULATION and ORDER signed by Judge Garland E. Burrell Jr. on 11/17/06 ORDERING Status Conference RE-SET for 1/19/2007 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. Time is EXCLUDED from 11/17/06 through and including 1/19/07 pursuant to Local Code T4. (Carlos, K)
January 23, 2007
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STIPULATION and ORDER signed by Judge Gregory G. Hollows on 1/22/07 ORDERING that Francisco Vega is to remain released from custody secured by a deed of trust for the property located on Wild Fox Court. It is further ORDERED that the Deed of Trust for the property on Anoka Ave. is EXONERATED and returned to either Mr. Carlos E. Vega or Mrs. Gloria D. Vega. (Donati, J)
January 23, 2007
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STIPULATION and ORDER signed by Judge Garland E. Burrell Jr. on 1/22/2007 GRANTING 32 Stipulation and Proposed Order to continue status conference. Excludable started as to Maria Isabel Chavez: T4 Start: 1/19/2007 Stop: 2/23/2007 Status Conference set for 2/23/2007 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Matson, R)
May 18, 2007
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STIPULATION and ORDER signed by Judge Garland E. Burrell Jr. on 5/17/07 ORDERING that the Request to Continue hearing date 38 is GRANTED.The Status Conference calendared for 5/18/07 is CONTINUED to 6/8/2007 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Mena-Sanchez, L)STIPULATION and ORDER signed by Judge Garland E. Burrell Jr. on 5/17/07 ORDERING that the Request to Continue hearing date 38 is GRANTED.The Status Conference calendared for 5/18/07 is CONTINUED to 6/8/2007 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Mena-Sanchez, L)
July 16, 2007
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ORDER signed by Judge Garland E. Burrell Jr. on 7/13/2007 GRANTING 41 Stipulation and Proposed Order. Status Conference RESET for 8/17/2007 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Excludable started as to Francisco Emillio Vega and Maria Isabel Chavez: XT4 Start: 7/13/2007 Stop: 8/17/2007. (Waggoner, D)ORDER signed by Judge Garland E. Burrell Jr. on 7/13/2007 GRANTING 41 Stipulation and Proposed Order. Status Conference RESET for 8/17/2007 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Excludable started as to Francisco Emillio Vega and Maria Isabel Chavez: XT4 Start: 7/13/2007 Stop: 8/17/2007. (Waggoner, D)
May 28, 2008
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 5/27/08 ORDERING that the 5/22/08 Trial Confirmation hearing and 6/10/08 Trial are VACATED; a Status Conference is SET for 6/20/2008 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr..; Excludable started as to Francisco Emillio Vega, Maria Isabel Chavez: 5/28/08 Stop: 6/20/08. (Yin, K)STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 5/27/08 ORDERING that the 5/22/08 Trial Confirmation hearing and 6/10/08 Trial are VACATED; a Status Conference is SET for 6/20/2008 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr..; Excludable started as to Francisco Emillio Vega, Maria Isabel Chavez: 5/28/08 Stop: 6/20/08. (Yin, K)
August 11, 2008
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STIPULATION and ORDER re 50 as to dfts Vega and Chavez, signed by Judge Garland E. Burrell, Jr on 8/8/08. The Status Conference currently set for 8/8/08 is CONT'D to 9/12/2008 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Excludable started as to Francisco Emillio Vega, Maria Isabel Chavez: XT4 Start: 8/8/08 Stop: 9/12/08. (Kastilahn, A)STIPULATION and ORDER re 50 as to dfts Vega and Chavez, signed by Judge Garland E. Burrell, Jr on 8/8/08. The Status Conference currently set for 8/8/08 is CONT'D to 9/12/2008 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Excludable started as to Francisco Emillio Vega, Maria Isabel Chavez: XT4 Start: 8/8/08 Stop: 9/12/08. (Kastilahn, A)
September 11, 2008
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 9/10/08 and agreed between the parties to CONTINUE the Status Conference to 10/24/2008 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr., Excludable started as to Maria Isabel Chavez and Francisco Emillio Vega: 9/12/08 Stop: 10/24/08. (Yin, K) Modified on 9/22/2008 (Yin, K).STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 9/10/08 and agreed between the parties to CONTINUE the Status Conference to 10/24/2008 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr., Excludable started as to Maria Isabel Chavez and Francisco Emillio Vega: 9/12/08 Stop: 10/24/08. (Yin, K) Modified on 9/22/2008 (Yin, K).
December 1, 2008
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 11/26/08 ORDERING the date which the defense shall file motions is EXTENDED to on or before 12/12/08. Time is EXCLUDED pursuant to Local Code T4 from 10/24/08 through and including 12/12/08. (Carlos, K)STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 11/26/08 ORDERING the date which the defense shall file motions is EXTENDED to on or before 12/12/08. Time is EXCLUDED pursuant to Local Code T4 from 10/24/08 through and including 12/12/08. (Carlos, K)
January 26, 2009
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 01/23/09 ORDERING that Trial Confirmation Hearing is CONTINUED to 06/19/09 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. and Jury Trial is CONTINUED to 07/07/09 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. TIME EXCLUDED: 10/24/08-07/07/09. (Benson, A.)STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 01/23/09 ORDERING that Trial Confirmation Hearing is CONTINUED to 06/19/09 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. and Jury Trial is CONTINUED to 07/07/09 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. TIME EXCLUDED: 10/24/08-07/07/09. (Benson, A.)
February 5, 2009
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STIPULATION and ORDER 58 to vacate hearing dates for defense Motions signed by Judge Garland E. Burrell, Jr. on 2/3/2009. Time for defendants Francisco Emillio Vega and Maria Isabel Chavez shall be excluded (T4): Start date - 10/24/2008 through Stop date - 7/7/2009. (Marciel, M)STIPULATION and ORDER 58 to vacate hearing dates for defense Motions signed by Judge Garland E. Burrell, Jr. on 2/3/2009. Time for defendants Francisco Emillio Vega and Maria Isabel Chavez shall be excluded (T4): Start date - 10/24/2008 through Stop date - 7/7/2009. (Marciel, M)
May 22, 2009
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 5/22/09 ORDERING that the present Trial confirmation hearing date of 6/19/09, and the present trial date of 7/7/09, may be vacated off of the Court's calendar by the Court. A New Trial Confirmation Hearing is SET fo 11/20/2009 at 09:00 AM in Courtroom 10. A New Trial date is SET for 12/8/2009 beginning at 09:00 AM in Courtroom 10. Time shall be excluded from 10/24/08 to and including the new trial date of 12/08/09, pursuant to Local Code T-4. (Mena-Sanchez, L)STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 5/22/09 ORDERING that the present Trial confirmation hearing date of 6/19/09, and the present trial date of 7/7/09, may be vacated off of the Court's calendar by the Court. A New Trial Confirmation Hearing is SET fo 11/20/2009 at 09:00 AM in Courtroom 10. A New Trial date is SET for 12/8/2009 beginning at 09:00 AM in Courtroom 10. Time shall be excluded from 10/24/08 to and including the new trial date of 12/08/09, pursuant to Local Code T-4. (Mena-Sanchez, L)
January 29, 2010
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PRELIMINARY ORDER OF FORFEITURE as to Francisco Emillio Vega, Maria Isabel Chavez signed by Judge Garland E. Burrell, Jr. on 01/29/10. (Benson, A.)PRELIMINARY ORDER OF FORFEITURE as to Francisco Emillio Vega, Maria Isabel Chavez signed by Judge Garland E. Burrell, Jr. on 01/29/10. (Benson, A.)
February 26, 2010
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 2/25/10 ORDERING the Status Conference reset for 4/9/10 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Excludable started as to Maria Isabel Chavez: T4 Start: 2/26/10 Stop: 4/9/10. (Becknal, R)
April 8, 2010
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JUDGMENT and COMMITMENT as to Francisco Emillio Vega signed by Judge Garland E. Burrell, Jr on 04/08/2010. (Streeter, J)
April 9, 2010
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 4/9/10 ORDERING that the Status Conference presently set for 4/9/10 is VACATED and a new Status Conference is SET for 7/16/10 at 9:00 a.m. The time from the date of the parties' Stipulation, 4/9/10, to and including 7/16/10 is excluded pursuant to Local Code T4. (Mena-Sanchez, L)
July 14, 2010
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 7/13/10 ORDERING the Status Conference reset for 10/29/10 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Excludable started as to Maria Isabel Chavez: T4 Start: 7/16/10 Stop: 10/29/10. (Becknal, R)
October 28, 2010
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 10/28/10. Status Conference re-set for 1/28/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Excludable started as to Maria Isabel Chavez: XT-4 Start: 10/29/10 Stop: 01/28/11. (Williams, D)
January 31, 2011
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STIPULATION and ORDER 86 signed by Judge Garland E. Burrell, Jr on 1/28/11; Status Conference set for 4/22/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Excludable started as to Maria Isabel Chavez: T4 Start: 1/28/11 Stop: 4/22/11. (Matson, R)
January 31, 2011
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STIPULATION and ORDER re 87 signed by Judge Garland E. Burrell, Jr. on 1/28/11 ORDERING that the promissory note for $130,000.00 is exonerated and the Deed of Trust re Wild Fox Court be reconveyed to Eusebio and Ramona Chavez. (Matson, R)
April 13, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/12/11 ORDERING that respondent is directed to file an answer to the 2255 motion within 30 days of the effective date of this order. Clerk of the Court shall serve a copy of this order, together with a copy of movant's motion, on the United States Attorney or his authorized representative.(cc US Attorney) (Dillon, M)
April 26, 2011
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STIPULATION and ORDER as to Maria Isabel Chavez signed by Judge Garland E. Burrell, Jr on 4/25/2011 re 95 ORDERING that the Status Conference is CONTINUED to 7/29/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Excludable started as to Maria Isabel Chavez: XT4 Start: 4/22/11 Stop: 7/29/11. (Duong, D)
June 27, 2011
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[Order to Show Cause DISCHARGED pursuant to 102 Order] ORDER AND ORDER TO SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 6/24/11 ORDERING that Movant Francisco Emillio Vega's June 13, 2011 motion is denied; and Within fourteen days from the date of this order, respondent shall show cause why sanctions should not be imposed for respondent's failure to timely comply with this court's April 13, 2011 order. The Clerk of Court is directed to serve a copy of this order on Jason Hitt, Assistant United States Attorney. (cc Jason Hitt, AUSA)(Becknal, R) Modified on 6/30/2011 (Dillon, M).
June 30, 2011
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/30/11 ORDERING that the 6/27/11 order to show cause is DISCHARGED; Respondents 5/16/11 request for extension of time is granted nunc pro tunc; Respondents 6/27/11 opposition is deemed timely filed; and Movants traverse, if any, is due 30 days thereafter. (Dillon, M)ORDER signed by Magistrate Judge Kendall J. Newman on 6/30/11 ORDERING that the 6/27/11 order to show cause is DISCHARGED; Respondents 5/16/11 request for extension of time is granted nunc pro tunc; Respondents 6/27/11 opposition is deemed timely filed; and Movants traverse, if any, is due 30 days thereafter. (Dillon, M)
July 25, 2011
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 7/22/2011 re 103 ORDERING that the Status Conference is CONTINUED to 10/28/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Excludable started as to Maria Isabel Chavez: XT4 Start: 7/29/2011 Stop: 10/28/2011. (Duong, D)
October 28, 2011
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 10/27/11 as to Maria Isabel Chavez CONTINUING Status Conference to 1/27/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Excludable started: XT-4 Start: 10/28/11 Stop: 1/27/12. (Meuleman, A)
January 26, 2012
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 1/26/2012 ORDERING 110 Status Conference Reset for 3/30/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Excludable started as to Maria Isabel Chavez: XT4 Start: 1/27/2012 Stop: 3/30/2012. (Reader, L)
March 29, 2012
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 3/29/12 ORDERING the Status Conference reset for 6/29/12 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Excludable started as to Maria Isabel Chavez: T4 Start: 3/30/12 Stop: 6/29/12. (Becknal, R)
June 22, 2012
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 6/22/12 as to Maria Isabel Chavez CONTINUING Status Conference to 8/31/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Excludable started: XT-4 Start: 6/29/12 Stop: 8/31/12. (Meuleman, A)
July 6, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/5/12 ORDERING that counsel for respondent is directed to file a copy of the PSR within 14 days from the date of this order; the Clerk of the Court is directed to serve a copy of this order on Russell W. Miller, Jr., Miller Law Group, 901 H Street, Suite 620, Sacramento, CA 95814; and within 30 days from the date of this order, attorney Russell Miller shall file the declaration described above. (Dillon, M)
August 30, 2012
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 8/29/12 as to Maria Isabel Chavez CONTINUING Status Conference to 9/28/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Excludable started: XT-4 Start: 8/31/12 Stop: 9/28/12. The parties should be prepared to explain at the hearing why this case should not be scheduled for trial since it has been pending since sometime in 2006. (Meuleman, A) Modified on 8/30/2012 (Meuleman, A).STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 8/29/12 as to Maria Isabel Chavez CONTINUING Status Conference to 9/28/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Excludable started: XT-4 Start: 8/31/12 Stop: 9/28/12. The parties should be prepared to explain at the hearing why this case should not be scheduled for trial since it has been pending since sometime in 2006. (Meuleman, A) Modified on 8/30/2012 (Meuleman, A).
October 29, 2012
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/26/12 ORDERING that attorney Russell W. Miller, Jr., is relieved of his obligation to respond to the July 6, 2012 order 117. It is RECOMMENDED that movants motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 (dkt. no. 91) be stayed pending the Supreme Courts ruling on the issue of retroactivity in United States v. Chaidez, 2012 WL 1468539 (Apr. 30, 2012). Referred to Judge Garland E. Burrell, Jr. Objections due within 14 days. (Dillon, M)
December 6, 2012
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ORDER signed by Judge Garland E. Burrell, Jr. on 12/5/2012 FINDINGS and RECOMMENDATIONS 121 are ADOPTED in FULL; the 91 Motion to Vacate, Set Aside or Correct Sentence under 28:2255 as to Francisco Emillio Vega is STAYED pending the Supreme Court's ruling on the issue of retroactivity. (Reader, L)
March 19, 2013
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[DISCHARGED pursuant to 131 Order] ORDER signed by Magistrate Judge Kendall J. Newman on 03/19/13 ordering the 12/06/12 stay is lifted. Movant shall show cause within 21 days, why his motion should not be denied based on Chaidez v. United States. (Plummer, M) Modified on 5/15/2013 (Dillon, M).
May 15, 2013
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/14/13 ORDERING that the order to show cause 124 is DISCHARGED; and it is RECOMMENDED that Movants motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 91 be denied; Movants motion for summary judgment 125 be denied; and the clerk of the court be directed to close the companion civil case 2: 11-cv-0872 GEB KJN.(Dillon, M)
June 13, 2013
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ORDER signed by District Judge Troy L. Nunley on 6/11/13 as to Maria Isabel Chavez GRANTING 132 Motion to Dismiss and DISMISSING Indictment pursuant to Federal Rule of Criminal Procedure 48(a). Maria Isabel Chavez terminated. (Meuleman, A)
July 8, 2013
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ORDER ADOPTING FINDINGS AND RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr. on 7/5/2013 FINDINGS AND RECOMMENDATIONS 131 are ADOPTED in FULL; Movant's 91 motion to vacate, set aside, or correct his sentence pursuant to 28:2255 is DENIED; Movant's 125 motion for summary judgment is DENIED; The court DECLINES to issue the certificate of appealability referenced in 28:2253; and the Clerk of Court shall close the companion civil case 2:11-cv-0872 GEB KJN P as to Francisco Emillio Vega. (Reader, L)
January 9, 2014
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ORDER EXONERATING BOND signed by District Judge Troy L. Nunley on 1/8/2014 EXONERATING the 19 Property Bond posted for Maria Isabel Chavez; ORDERING the Clerk of Court to return to Eusebio and Ramona Chavez the Original Deed of Trust, Substitution of Trustee and Full Reconveyance, and Order of Exoneration. (Michel, G)
February 4, 2015
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/4/15 as to Francisco Emillio Vega ORDERING that Respondent 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. Movants 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 movants motion, on the United States Attorney or his authorized representative. (cc US Atty) (Dillon, M)
November 17, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/16/2015 as to Francisco Emillio Vega RECOMMENDING that respondent's 144 motion to dismiss be granted; movant's 139 motion to vacate, set aside or correct sentence under 28 U.S.C. 2255 be denied without prejudice; and the Clerk be directed to close the companion civil case no. 2:15-cv-0232 TLN KJN P. Referred to District Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)
January 12, 2016
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ORDER signed by District Judge Garland E. Burrell, Jr. on 1/12/2016 ADOPTING FINDINGS AND RECOMMENDATIONS 148 in FULL; Respondent's 144 motion to dismiss is GRANTED as to Francisco Emillio Vega; Movant's 139 motion to vacate, set aside, or correct his sentence pursuant to 28:2255 is DENIED without prejudice; and the Clerk of the Court is directed to close the companion civil case No. 2:15-cv-0232 GEB KJN P. (Reader, L)
May 13, 2016
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ORDER signed by District Judge Garland E. Burrell, Jr., on 5/12/16 as to Francisco Emillio Vega, ORDERING that the court DECLINES to issue the certificate of appealability. The Clerk is directed to forward the record to the Ninth Circuit Court of Appeals. (Kastilahn, A)