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06-520 - Butler v. USA


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06-520 - Butler v. USA
January 26, 2007
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ORDER granting 3 Limited Waiver of Attorney-Client Privilege and Motion to Stay the Instant Proceedings. Attorney R. Wade Curtis is directed to make himself available at a reasonable time and place to answer material questions. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )
August 27, 2007
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MEMORANDUM DECISION AND ORDER Denying defendant's Motion Pursuant to 28 USC 2255 to Vacate, Set Aside, or Correct Sentence 1 and Case CV 06-520-S-BLW is Dismissed. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by ja, )
November 20, 2007
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MEMORANDUM DECISION AND ORDER Finding as moot 15 MOTION to Compel filed by Timothy James Butler, Denying 18 MOTION for Reconsideration filed by Timothy James Butler, Finding as moot 14 MOTION to Compel filed by Timothy James Butler, Finding as moot 19 MOTION for Extension of Time to File filed by Timothy James Butler, Granting 12 MOTION for Extension of Time to Amend 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Timothy James Butler. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by ja, )
March 24, 2008
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ORDER RE: CERTIFICATE OF APPEALABILITY Butler's Rule 60(b)(1) Motion regarding the Court's denial of his 2255 Motion 1 is GRANTED. Accordingly, the Court's Memorandum Decision and Order 10 and Judgment 11, reinstated pursuant to the Memorandum Decision and Order 20 is WITHDRAWN and Butler's 2255 Motion 1 is GRANTED. The Memorandum Decision and Order denying resentencing (Docket No. 146 in Case No. CR 03-131-S-BLW) be withdrawn and then immediately reentered, thus allowing Butler ten days in which to file a Notice of Appeal of the resentencing decision. Butlers Motion for Certificate of Appealability 22 is DENIED with regard to denial of his motion to include additional grounds for relief in his 2255 Motion. Finding as Moot 21 Third MOTION for Extension of Time to Amend filed by Timothy James Butler. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm, )