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10-158 - USA v. Neal


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10-158 - USA v. Neal
May 4, 2010
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DETENTION ORDER as to David Neal signed by Magistrate Judge Kendall J. Newman on 5/4/2010. (Engbretson, K.)
June 1, 2010
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STIPULATION and ORDER 10 for continuance signed by Judge Garland E. Burrell, Jr. on 5/28/2010. Status Conference is RE-SET for 7/23/2010 at 09:00 AM in Courtroom 10 (GEB). Excludable Time (T4) for defendant David Neal: Start date - 6/4/2010 through Stop date - 7/23/2010 (Marciel, M)
July 21, 2010
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 7/20/2010 GRANTING 13 Stipulation and Proposed Order - CR; Status Conference set for 9/3/2010 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Excludable started as to David Neal: T4 Start: 7/23/2010 Stop: 9/3/2010. (Matson, R)
September 2, 2010
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STIPULATION and ORDER 15 signed by Judge Garland E. Burrell, Jr., on 9/1/10: The Status Conference is RESET for 10/29/2010 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. Excludable started as to David Neal: XT4 Start: 9/3/10 Stop: 10/29/10. (Kastilahn, A)
January 13, 2011
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PRELIMINARY ORDER of FORFEITURE signed by Judge Garland E. Burrell, Jr on 01/12/11, Pursuant to 18 U.S.C. § 2253, defendant David Neals interest in the following property shall be condemned and forfeited to the United States of America, to be disposed of according to law. If a petition is timely filed, upon adjudication of all third-party interests, if any, this Court will enter a Final Order of Forfeiture. (Williams, D)
March 29, 2011
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ORDER signed by Judge Garland E. Burrell, Jr. on 3/29/2011 ORDERING the 25 Request to Seal is GRANTED and the documents are to be filed under SEAL, permitting Assistant United States Attorney Michelle Prince and Probation Officer Brenda Barron-Harrell access to these documents unless otherwise ordered by this Court at a later time. (Zignago, K.)
April 14, 2011
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JUDGMENT and COMMITMENT as to David Neal signed by Judge Garland E. Burrell, Jr on 4/13/11. (Furstenau, S) (Main Document 29 replaced on 4/19/2011) (Waggoner, D).
April 26, 2011
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FINAL ORDER OF FORFEITURE as to David Neal signed by Judge Garland E. Burrell, Jr. on 04/25/11. (Benson, A.)
January 5, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 1/04/12 ordering within 30 days of the date of service of this order, petitioner shall file an amended motion to vacate, set aside or correct sentence pursuant to 28 USC 2255. Movant's motion for appointment of counsel 33 is denied. The clerk of the court is directed to send petitioner the form for filing a 2255 motion. (Plummer, M)
February 2, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 2/1/12 ORDERING that 36 Motion for Reconsideration is granted in part and denied in part as follows: Movants request for an extension of time is granted; Within thirty days of the date of service of this order, movant shall file an amended motion to vacate, set aside, or correct sentence filed pursuant to 28 U.S.C. § 2255; Any amended motion must be filed on the form employed by this court and must state all claims and prayers for relief on the form. It must bear the case number assigned to this action and must bear the title Amended Motion; and Movants renewed motion for appointment of counsel is denied. (Dillon, M)
March 7, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 3/6/2012, as to David Neal, ORDERING that respondent shall file and serve a response to movant's 39 amended § 2255 motion within 60 days; and the clerk to serve a copy of this order together with a copy of the amended § 2255 motion on the US Attorney. (Yin, K)
June 13, 2012
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ORDER as to David Neal signed by Magistrate Judge Dale A. Drozd on 06/12/12 ordering that within 10 days from the date of this order respondent shall file and serve a response to petitioner's amended motion to vacate, set aside, or correct his sentence pursuant to 28 USC 2255 and shall show cause in writing why sanctions should not be imposed for the failure to file that response in a timely fashion. (Plummer, M)
June 21, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 06/20/12 orderingmovant's motion for leave to file a second amended 2255 motion 44 is granted. Within 30 days of the date of service of this order movant shall file a second amended 2255 motion to vacate, set aside, or correct his sentence. Respondent shall file a response to movant's second amended motion to vacate, set aside, or correct his sentence within 60 days of service of the motion. The court's 06/13/12 order to show cause is discharged. Respondent's motion for an extension of time 46 is denied as unnecessary and without prejudice. (Plummer, M)
October 11, 2012
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ORDER signed by Magistrate Judge Dale A. Drozd on 10/11/2012 ORDERING that movant's 55 motion for summary judgment is DENIED without prejudice as premature; movant's 56 motion to expedite is DENIED; movant's 57 motion for ruling on his motion for summary judgment is DENIED as moot; and movant's 59 motion to compel is DENIED. (Yin, K)
February 26, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 2/25/13 ORDERING that Respondent is directed to file an answer within thirty days of the effective date of this order. Movants traverse, if any, is due no later than thirty days after the date respondents answer is filed. Respondents motion for a order finding that movant has waived the attorneyclient privilege in claiming that his trial court counsel provided ineffective assistance (Docket No. 62) is DENIED without prejudice to the renewal of the motion accompanied by an appropriate motion for leave to conduct discovery. Respondents motion for an extension of time ((Docket No. 65) is DENIED as moot. Movants motion to compel (Docket No. 66) is DENIED. Movants motion for reconsideration (Docket No. 67) is DENIED. Movants motion for default judgment and for sanctions for failure to respond (Docket No. 70) is DENIED. (Dillon, M)
March 26, 2013
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ORDER signed by Magistrate Judge Dale A. Drozd on 03/26/13 denying 77 Motion for Reconsideration and granting 78 Motion for Extension of Time. Respondent shall file a response to movant's second amended motion to vacate, set aside, or correct his sentence on or before 5/28/13. (Plummer, M)
May 19, 2015
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ORDER signed by Magistrate Judge Dale A. Drozd on 5/19/15 ORDERING that Movant will have thirty days from the date of this order in which to file an opposition or statement of non-opposition to the governments pending motion to dismiss (ECF No. 87). Failure to comply with this order will result in a recommendation that this action be dismissed under Rule 41(b) of the Federal Rules of Civil Procedure. The Clerk of Court is directed to re-serve the movant with the governments response and motion to dismiss (ECF No. 87). Movants motion to file an amended motion to vacate the sentence under § 2255 (ECF No. 101) is denied. Movants motions for summary judgment ECF No. 86), to stay (ECF No. 88), for default judgment (ECF Nos. 90, 94, 96 and 99), to vacate punishment (ECF No. 92), for a new trial (ECF No. 104), and to compel (ECF Nos. 107 and 108) are denied. (Dillon, M)
February 3, 2016
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/3/2016 as to David Neal, ORDERING movant's 112 motion for additional time is MOOT. Movant's response to the motion to dismiss is deemed timely filed. Movant's 116 motion to expedite a recommendation is MOOT. IT IS RECOMMENDED that respondent's 87 motion to dismiss be granted. Movant's 82 motions for default judgment, and 84 to dismiss the indictment be denied. The Clerk be directed to close the companion civil case, No. 2:11-cv-3132 GEB KJN P(TEMP). Referred to Judge Garland E. Burrell, Jr. ; Objections due within 14 days. (Yin, K)
February 24, 2016
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ORDER from USCA - 9th Circuit Court of Appeals: defendant David Neal's 11/30/2015 Request to temporarily transfer this Petition for Writ of Mandamus to Magistrate Judge is DENIED. A review of District Court docket indicates that on 2/3/2016, Magistrate Judge Kendall J. Newman issued 119 Findings and Recommendations on petitioner's 84 Motion to Dismiss the 54 Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255. All other pending Motions are DENIED as MOOT. (Marciel, M)
March 1, 2016
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS as to David Neal signed by District Judge Garland E. Burrell, Jr. on 02/29/16 GRANTING 87 Motion to Dismiss, ADOPTING IN FULL 119 Findings and Recommendations, DENYING 82 Motion for Default Judgment and DENYING 84 Motion to Dismiss. The Clerk of Court is directed to close the companion civil case, No. 2:11-cv-3132 GEB KJN P (TEMP) and the court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253.
August 12, 2016
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ORDER as to David Neal (1) signed by Magistrate Judge Kendall J. Newman on 8/12/16 DENYING 122 Motion for further counsel. (Dillon, M)
January 3, 2017
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STIPULATION and ORDER as to David Neal signed by District Judge Garland E. Burrell, Jr., on 1/3/17 ORDERING that the hearing to 124 MOTION to MODIFY CONDITIONS of RELEASE is RESET to 1/27/2017 at 09:00 AM in Courtroom 10 (GEB) before District Judge Garland E. Burrell, Jr.. (Kastilahn, A)
February 6, 2017
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STIPULATION and ORDER signed by District Judge Garland E. Burrell, Jr on 2/6/17. It is so ORDERED that the modified conditions of supervised release attached are adopted by this Court. (Mena-Sanchez, L)
April 7, 2017
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CLARIFICATION OF DOCKET TEXT #27 signed by District Judge Garland E. Burrell, Jr on 4/7/17. "SEALED EVENT" Docket Text number 27 is clarified as follows: Defendant's "MEMORANDUM IN AID OF SENTENCING" in which Defendant seeks a 60 month sentence followed by a lengthy term of supervised release. (Becknal, R)
April 12, 2017
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ORDER signed by District Judge Garland E. Burrell, Jr. on 4/12/2017 DENYING 130 Motion to Reopen 28 U.S.C. § 2255, 131 Motion to Dismiss for Lack of Jurisdiction, 132 Request to Reopen § 2255 Motion, 133 Letter Challenging Jurisdiction and Constitutionality of 18 U.S.C § 2252(a), 134 Motion for Modification of Conditions of Supervised Release, 135 Motion for Modification of Motions, 136 Motion for Modification of Conditions of Supervised Release, 137 Notice of Hearing re Motion to Dismiss Indictment; VACATING the hearings on said motions. (Michel, G.)