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14-2118 - ARREOLA-CASTILLO v. UNITED STATES OF AMERICA


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14-2118 - ARREOLA-CASTILLO v. UNITED STATES OF AMERICA
February 23, 2016
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ENTRY Discussing Selected Matters. The United States' argument that the action must be dismissed in its entirety for lack of jurisdiction is rejected. The United States shall have through March 24, 2016 in which to further address the petitioner's challenge to the § 851 sentence enhancement discussed in Part I of this Entry. In essence, this is the challenge presented in the petitioner's amended motion filed on July 13, 2015. The dismissed claims are all of the § 2255 claims asserted in filings other than the amended motion filed on July 13, 2015. The above ruling does not fully resolve the motion for relief pursuant to 28 U.S.C. §2255 and partial final judgment shall not issue at this time as to the claims dismissed in this Entry. Signed by Judge Larry J. McKinney on 2/23/2016. Copy sent to Petitioner via U.S. Mail. (BGT)
February 27, 2017
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ENTRY Concerning Selected Matters. The motion to alter or amend judgment [dkt 43] is denied. The notice of appeal filed on February 14, 2017, [dkt 41], shall now be processed as a notice of appeal from the final judgment issued on January 11, 2017. The motions for extension of time in which to file a notice of appeal [dkt 41 and dkt 44] are denied as moot. The request for leave to proceed on appeal in forma pauperis [dkt 42] is denied. Signed by Judge Larry J. McKinney on 2/27/2017. Copy sent to Petitioner via US Mail. (LDH)