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02-20104 - USA v. Rios-Garcia


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02-20104 - USA v. Rios-Garcia
May 5, 2005
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ORDER granting 338 Motion for Release of Garnishment (Bank of America) as to David T. Lopez (2). Signed by Judge Kathryn H. Vratil on 5/5/05. (ck )
May 5, 2005
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ORDER granting 339 Motion for Release of Garnishment as to David T. Lopez (2) (Fidelity Investments). Signed by Judge Kathryn H. Vratil on 5/5/05. (ck )
December 8, 2005
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MEMORANDUM AND ORDER Overuling 344 the 2255 Motion filed June 9, 2005, to Vacate, Set Aside, Or Correct Sentence by a Person in Federal Custody as to Jorge Rios-Garcia (1)Signed by Judge Kathryn H. Vratil on 12/8/05. (ck )
February 17, 2006
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ORDER overruling 350 Motion for Certificate of Appealability as to Jorge Rios-Garcia (1). The Clerk is directed to docket defendants notice of appeal as of February 1, 2006 and forward a copy of defendants notice to the Tenth Circuit Court of Appeals. Signed by Kathryn H. Vratil on 2/17/06. (ck )
July 6, 2016
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ORDER as to Jorge Rios-Garcia's 377 Motion for Appointment of Counsel in Light of the Retroactive Holding in Johnson v. United States, 135 S.Ct. 2551(2015) . Defendant must proceed pro se or retain counsel if he intends to pursue a claim under Johnson. Because any future motion to vacate under Johnson may be untimely, the Court liberally construes defendant's present motion for appointment of counsel as an alternative motion to vacate sentence under 28 U.S.C. § 2255 and Johnson v. United States, 135 S. Ct. 2551 (2015). On or before 8/19/2016, defendant may file a memorandum in support of his motion to vacate sentence. On or before 9/9/2016, the government shall file a response. On or before 10/14/2016, defendant may file a reply. Signed by District Judge Kathryn H. Vratil on 7/6/2016. Mailed to pro se party Jorge Rios-Garcia by regular mail. Copy provided to the Office of the Federal Public Defender as directed. **Defendant's 377 Motion was re-filed as a 2255 Motion (see document #378 with a filing date of 6/27/2016.** (mg)
December 21, 2016
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MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that defendant's Motion For Appointment Of Counsel in Light Of The Retroactive Holding In Johnson v. United States (Doc. #378) filed June 27, 2016, which the Court construes as a second or successive motion to vacate sentence under 28 U.S.C. § 2255, is DISMISSED. Signed by District Judge Kathryn H. Vratil on 12/21/16. Mailed to pro se party Jorge Rios-Garcia by regular and certified mail ; Certified Tracking Number: 7012 3460 0000 8262 5774. (kao) Civil Case 2:16-cv-02482-KHV closed.