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15-098 - USA v. Settle


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15-098 - USA v. Settle
December 5, 2017
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ORDER Regarding "Notice To The Court" "While this court does not hold proceedings in this case in abeyance, this court is willing to grant Settle an extension of the deadline for responding to this court's Order To Show Cause Why Defendant Ruben Settle's Motion Under 28 U.S.C. § 2255 Should Not be Dismissed as Untimely. This court had set a deadline of December 29, 2017, but to the extent Settle's "Notice To The Court" seeks more time, this court extends the December 29 deadline a month. Settle's new deadline for responding to the Order To Show Cause is January 29, 2018. Failure to meet that deadline will result in this court's automatic denial of the pending § 2255 motion." Signed by JUDGE SUSAN OKI MOLLWAY on 12/5/17. (cib, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 21, 2017
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ORDER Granting Petitioner Ruben Settle's Motion To Dismiss His Own 28 U.S.C. § 2255 Motion Without Prejudice. "This court grants the request to dismiss the § 2255 motion without prejudice. So that there is no confusion, this court reminds Settle that, as set forth in this court's earlier orders in this very case, any § 2255 motion is subject to a limitations period, and any second or successive § 2255 motion must be certified by the Ninth Circuit Court of Appeals. With the dismissal of Settle's § 2255 motion, the present § 2255 matter is concluded, and the Clerk of Court is directed to enter judgment in favor of the United States with respect to Settle's § 2255 motion." Signed by JUDGE SUSAN OKI MOLLWAY on 12/21/17. (cib, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 15, 2018
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ORDER TO SHOW CAUSE Why Defendant Ruben Settle's Motion Under 28 U.S.C. § 2255 Should Not Be Dismissed As Untimely re:44."To avoid dismissal of his § 2255 motion, Settle must demonstrate either that he timely filed it or that the one-year limitation period should be equitably tolled. Settle is ordered to show cause in a single written response filed no later than June 15, 2018, why his § 2255 motion should not be dismissed as untimely. Settle must also describe the date on which he is claiming that any limitation period should have begun to run-- the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence. Even if Settle can show that his § 2255 motion is timely or that equitable tolling applies, such a showing will go only to timeliness and will not, without more, entitle Settle to relief. That is, timeliness is a threshold Settle must get over, not a guarantee of relief.The Government need not file a response to Settle's substantive § 2255 motion or this order to show cause unless the court asks for such a response." Signed by JUDGE SUSAN OKI MOLLWAY on 5/15/2018. (cib, )