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15-377 - Shin v. United States of America


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15-377 - Shin v. United States of America
August 15, 2016
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ORDER REGARDING DISCOVERY APPEALS re 17, 23 - Signed by JUDGE SUSAN OKI MOLLWAY on 8/15/2016. (CR 04-00150 SOM; CV 15-00377 SOM-RLP) "This court reverses the portion of the Magistrate Judge's order permitting Choy's deposition and affirms the portion of the order denying leave to depose Ching. If, given this ruling, Shin still seeks an evidentiary hearing on the merits of his coram nobis petition, he is directed to submit a memorandum of no more than 1000 words by August 17, 2016, explaining why an evidentiary hearing should be held and what witnesses Shin anticipates presenting." (emt, )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
September 1, 2016
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ORDER DENYING DEFENDANT'S PETITION FOR WRIT OF ERROR CORAM NOBIS, AND INVITING SUPPLEMENTATION OF ALTERNATIVE PETITION FOR WRIT OF AUDITA QUERELA re 1 - Signed by JUDGE SUSAN OKI MOLLWAY on 9/1/2016. (CR 04-00150 SOM; CV 15-00377 SOM-RLP) "This court defers ruling on Shin's petition for writ of audita querela until Shin has filed an optional supplemental memorandum in support of the petition by September 15, 2016, or the deadline has passed without such a filing. If Shin files an optional memorandum, the Government may respond no later than September 29, 2016, in a memorandum of no more than 3,000 words. If this court does not receive a memorandum from Shin by the deadline, it will enter judgment against Shin in this action." (emt, )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
June 28, 2017
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AMENDED ORDER DENYING DEFENDANT'S PETITION FOR WRIT OF ERROR CORAM NOBIS; ORDER DENYING ALTERNATIVE PETITION FOR WRIT OF AUDITA QUERELA as to PATRICK SHIN re: 1; ECF no. 91 in CR 04-150-SOM-01. Signed by JUDGE SUSAN OKI MOLLWAY on 6/28/2017. Conclusion of order: "This court denies Shin's petition for a writ of coram nobis or alternatively for a writ of audita querela. Shin's motion to amend his petition is also denied. Shin's request for an evidentiary hearing and further discovery is denied. This court directs the Clerk of Court to enter judgment against Shin and to close Civil No. 15-00377." (CR 04-00150-SOM-01; CV 15-00377-SOM-RLP) Order amends Order, ECF no. 33CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). All participants are registered to receive electronic notifications.