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98-233 - USA v. Di


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98-233 - USA v. Di
May 2, 2008
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ORDER signed by Judge William B. Shubb on 5/2/2008 re MOTION for RECUSAL filed by Minh Huynh in case 2:99-cr-433 ORDERING that defendant's motion to disqualify the undersigned as the trial judge in this matter is REFERRED to Chief Judge Garland E. Burrell, Jr. for assignment to another judge for decision. No further action will be taken by the undersigned in this case or related cases until this motion has been finally resolved. Clerk shall file this order in related cases 2:96-cr-350, 99-cr-74, 2:99-cr-148, 2:99-cr-149, 2:07-cv-1162 and 2:07-cv-2063. (Waggoner, D)
May 24, 2011
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JUDGMENT and COMMITMENT as to Van Thieng Di signed by Judge William B. Shubb on 5/24/2011. (Kirksey Smith, K)
June 10, 2016
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APPOINTMENT ORDER as to Van Thieng Di signed by Senior Judge William B. Shubb on 6/9/16 ORDERING Attorney Kresta Nora Daly ADDED for Van Thieng Di. Attorney Ann Catherine McClintock and Michael Henry Murray terminated in case as to Van Thieng Di. (Jackson, T)
June 28, 2016
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ORDER signed by Senior Judge William B. Shubb on 6/27/16 as to Van Thieng Di, ORDERING that the court will not rule on defendant's request for leave to file an abridged motion under 28U.S.C. § 2255 or 28 U.S.C. § 2241 before the 6/26/2016 filing deadline and file a supplemental brief or memorandum of points and authorities fully briefing the issues presented in the abridged motion no later than 12/26/2016 until after the United States Attorney has responded to the request. After consideration of the United States Attorney's response the court will rule on the request. (Kastilahn, A)
June 28, 2016
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ORDER signed by Senior Judge William B. Shubb on 6/27/16 as to Van Thieng Di, ORDERING that the 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. (Kastilahn, A)
October 18, 2016
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ORDER as to Van Thieng Di signed by Magistrate Judge Allison Claire on 10/18/16 ORDERING that Movants request to file the Declaration of Kresta Nora Daly In Support of Motion for Extension of Time under seal (ECF No. 71) is GRANTED and the declaration shall be filed under seal. Movant's request for an extension of time to file an amended motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 (ECF No. 69) is GRANTED and movant shall have 60 days from the date of this order to file an amended motion. Respondent's deadline to answer the § 2255 motion is vacated. If movant files an amended motion, respondent shall file and serve an answer within 45 days of service of the amended motion. If movant fails to file an amended motion, respondent shall file and serve an answer to the original § 2255 motion (ECF No. 56) no later than 30 days after the deadlinefor filing an amended motion expires. In either instance, movant may file a traverse within 30 days after the filing of respondent's answer. (Dillon, M)
November 1, 2016
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ORDER signed by Magistrate Judge Allison Claire on 10/31/16 as to Van Thieng Di ORDERING that the government's motion to file a consolidated response and to extend the time for responding (Luong ECF No. 1756; Di ECF No.72) is: GRANTED as to the movants in United States v. Luong, et al., 99-cr-0433 WBS AC, and the government may file a consolidated response to the § 2255 motions filed by movants Chann, H. Nguyen, and S. Nguyen no later than November 30, 2016; DENIED as to the movant in United States v. Di, 98-cr-0233. The government's response in United States v. Di, 98-cr-0233, shall be filed in accordance with the order granting movant Di's motion for leave to file an amended § 2255 motion (Di ECF No. 73). (Dillon, M)
December 30, 2016
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ORDER signed by Senior Judge William B. Shubb on 12/30/2016 as to Van Thieng Di re 77 Motion to Correct Sentence Pursuant to Federal Rule of Criminal Procedure 36: Government's opposition shall be filed no later than 1/19/2017. Defendant's reply shall be filed no later than 1/26/2017. 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)
December 30, 2016
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ORDER signed by Senior Judge William B. Shubb on 12/30/2016 as to Van Thieng Di GRANTING 79 Defendant's Request to Seal. (Kirksey Smith, K)
January 23, 2017
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STIPULATION and ORDER as to Van Thieng Di signed by Senior Judge William B. Shubb on 1/23/2017 ORDERING that the Government's request for an extension of time to 1/23/2017, in which to file a Joint Motion to Modify Sentence is GRANTED. (Jackson, T)
January 24, 2017
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ORDER as to Van Thieng Di re 86 JOINT MOTION to AMEND the JUDGMENT signed by Senior Judge William B. Shubb on 1/24/2017: The 50 Judgment and Commitment Order for defendant Vanthieng Van Di shall be corrected to reflect that the defendant Di receive credit for time served beginning 2/12/1996. cc: BOP-Sac, USM-Sac, USPO-Sac. (Kirksey Smith, K)
January 25, 2017
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ORDER signed by Magistrate Judge Allison Claire on 1/24/17 ORDERING that pursuant to Petitioner Dis request his Petition for Writ of Habeas Corpus (ECF Nos. 56, 76) is DISMISSED with prejudice. (Dillon, M)
January 25, 2017
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AMENDED JUDGMENT and COMMITMENT signed by Senior Judge William B. Shubb on 1/25/2017 as to Van Thieng Di, pursuant to 87 Order filed 1/24/2017. (Kirksey Smith, K)