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04-20089 - USA v. Akers et al


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04-20089 - USA v. Akers et al
May 16, 2005
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ORDER granting 93 Motion to Withdraw as Attorney, James L. Spies, for Donald Mixan (2). Signed by Judge Kathryn H. Vratil on 5/16/05. (ck )
November 22, 2005
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ORDER as to Montgomery Carl Akers re 133 Notice of Appeal - Interlocutory filed by Montgomery Carl Akers. On or before 12/5/05 defendant shall show cause in writing why the Court should not find that the appeal is frivolous and that the Court therefore has jurisdiction to proceed. Hearing set for 12/12/2005 at 01:30 PM before District Judge Kathryn H. Vratil. Signed by Judge Kathryn H. Vratil on 11/22/05. (Sent by regular mail to Defendant.) (ck, )
January 9, 2006
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ORDER FOR MENTAL STATUS DETERMINATION as to Montgomery Carl Akers . Signed by Judge Kathryn H. Vratil on 1/9/06. (ck)
July 13, 2006
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MEMORANDUM AND ORDER as to Montgomery Carl Akers. Even though defendant has not filed a motion to recuse, the Court has a duty to do so sua sponte when circumstances warrant. The Court finds that recusal is not necessary and intends to proceed with sentencing on 7/18/2006. Signed by Judge Kathryn H. Vratil on 7/13/2006. (ck )
November 2, 2006
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MEMORANDUM AND ORDER overruling defendant's 197 Motion to Withdraw Jacquelyn E. Rokusek as Attorney as to Montgomery Carl Akers (1). Further, defendant's motion to Renew Motion to Dismiss Court Appointed Counsel and to Proceed in Pro Se and Motion to Declare the Plea Agreement Invalid 189 is stricken in part. The motion is otherwise overruled. Signed by Judge Kathryn H. Vratil on 11/02/06. (mg)
July 19, 2007
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ORDER overruling 231 Motion for Recusal, 230 Motion to Correct Sentence and 232 Motion for Copies as to Montgomery Carl Akers (1). Signed by Judge Kathryn H. Vratil on 7/19/2007. (ck )
March 5, 2008
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MEMORANDUM AND ORDER overruling 242 Motion By The Defendant Under Federal RulesOf Criminal Procedure Rule 12(b)(3)(B) To Void The Conviction And Sentence In The Above Entitled Matter Due To The Lack Of Subject Matter Jurisdiction By The United States District Court, District Of Kansas; And, Elsewhere For All Other Purposes and Overuling 247 Motion For Production Of Orders And ForInjunctive Relief Based Upon The Courts Lack Of Jurisdiction Over The Orders Of This Motion as to Montgomery Carl Akers. Signed by Chief Judge Kathryn H. Vratil on 3/5/2008. Sent by certified mail to defendant: 7002 2030 0001 2207 8378. (ck)
November 13, 2008
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MEMORANDUM AND ORDER overruling 281 Motion to Withdraw Plea of Guilty as to Montgomery Carl Akers (1). Signed by Chief Judge Kathryn H. Vratil on 11/13/2008. Order sent by regular mail to defendant. (ck)
December 2, 2008
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ORDER denying 284 Motion for Order as to Montgomery Carl Akers (1) Signed by Chief Judge Kathryn H. Vratil on 12/02/2008. (bg)
February 17, 2009
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ORDER overruling 302 Motion To Correct Record as to Montgomery Carl Akers (1). Signed by Chief Judge Kathryn H. Vratil on 02/17/2009. (bg)
September 1, 2009
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ORDER that defendants 2255 308 Motion to Vacate is overruled; motion 312 to clarify filing of Section 2255 is overruled; 312 motion and for issuance of show cause order is overruled; motion 314 for an evidentiary hearing is overruled; overruling 316 motion to produce; overruling 317 motion to produce; overruling 320 Defendants Addendum To Motion For Evidentiary Hearing/Brief In Support Regarding Defendants Motion Pursuant To 28 U.S.C. SS 2255, construed as a motion to amend. Sent by certified mail to defendant Akers: 7002 2030 0000 9349 0926. (ck) Civil Case 2:09-cv-02206-KHV closed.
October 30, 2009
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MEMORANDUM AND ORDER overruling 324 Motion For Extension Of Time To File Rule 59(e) motion; overruling 325 Motion To Recuse; overruling 326 Motion To Vacate Date For Rule 59(e) motion. Signed by Chief Judge Kathryn H. Vratil on 10/30/2009. (bg)
December 17, 2009
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MEMORANDUM AND ORDER overruling 334 Motion to Vacate as to Montgomery Carl Akers (1). Document sent by certified mail: 7002 2030 0000 9349 1015. Signed by Chief Judge Kathryn H. Vratil on 12/17/2009. (ck )
November 18, 2010
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MEMORANDUM AND ORDER overruling 372 Motion to Vacate All Rulings Made In This Case By Judge Kathryn H. Vratil Based Upon Structural Defects In The Trial Mechanism ItselfHereinas to Montgomery Carl Akers (1). Signed by Chief Judge Kathryn H. Vratil on 11/18/2010. Copy of this order sent by regular mail to defendant. (ck)
February 7, 2011
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MEMORANDUM AND ORDER overruling 382 Motion to Disqualify Judge and overruling 383 Motion for Leave to Appeal In Forma Pauperis as to Montgomery Carl Akers (1). Signed by Chief Judge Kathryn H. Vratil on 2/7/2011. Copy emailed to 10CCA. Mailed to pro se party Montgomery Carl Akers by regular mail. (ck)
March 16, 2012
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MEMORANDUM AND ORDER sustaining in part 389 Motion for Reconsideration re 388 Order on Motion for Miscellaneous Relief filed by Montgomery Carl Akers as to Montgomery Carl Akers (1). On or before April 30, 2012, Jacquelyn E. Rokusek shall mail to defendant copies of (1) any tapes in defendants file, (2) any paperwork filed by Bank of America asserting a financial loss in this case, and (3) the powers of attorney which were admitted as exhibits at the sentencing hearing, in her possession that she has not already submitted to defendant or replacement counsel. Ms. Rokusek shall mail the materials, if any, to defendant at Marion - USP, U.S. Penitentiary, Inmate Mail/Parcels, P.O. Box 1000, Marion, IL 62959. On or before April 30, 2012, Ms. Rokusek shall file a certificate of compliance with this order. The Clerk is directed to ensure that Ms. Rokusek receives electronic notice of this order. Signed by Chief Judge Kathryn H. Vratil on 3/16/2012. (ck)
August 20, 2012
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MEMORANDUM AND ORDER overruling 406 Motion for Mandatory Preliminary Injunction En Route to a Permanent Injunction Against the Named Government Respondents to This Action as to Montgomery Carl Akers (1). Defendant shall have 14 days from the date of this order to file written objections to these proposed filing restrictions. His response shall be limited to five pages. If defendant does not file a timely objection, the filing restrictions shall take effect 21 days from the date of this order. If defendant files timely objections, these filing restrictions shall take effect only if the Court overrules any such objections. In that event, the filing restrictions shall apply to any matter filed after that ruling. Signed by Chief Judge Kathryn H. Vratil on 8/20/2012. Copy of order sent to defendant via regular mail. (ck)
August 7, 2013
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MEMORANDUM AND ORDER overruling 413 Motion as to Montgomery Carl Akers (1). If defendant files any document in this criminal case which the Court deems frivolous, the Court will sanction defendant a minimum of $500.00 for each violation and may impose further restrictions on future filings in the District of Kansas. This restriction does not apply to documents filed on defendants behalf by a licensed attorney who is admitted to practice in the District of Kansas. Signed by Chief Judge Kathryn H. Vratil on 8/7/2013. Mailed to pro se party Montgomery Carl Akers by certified mail; Certified Tracking Number: 7009 1410 0002 0381 7948. (mh)
May 26, 2016
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MEMORANDUM AND ORDER: IT IS THEREFORE ORDERED that Defendant's Combined Motion To Modify Restitution Order And For Show Of Cause Upon The Government How It Can Exact Restitution In This Case When The Alleged Victim Of Financial Losses Was Obtained By Fraud Upon The Court And Not Presented To A Legally Constituted Grand Jury Who Passed An Indictment On The Same And For An Evidentiary Hearing On This Matter (Doc. #447) filed February 25, 2016 and Defendant's Amended Motion To Modify Restitution Order And For Show Of Cause (Doc. #448) filed May 2, 2016 be and hereby are OVERRULED. To the extent that the Court also construesDefendant's Combined Motion To Modify Restitution Order And For Show Of Cause Upon The Government How It Can Exact Restitution In This Case When The Alleged Victim Of Financial Losses Was Obtained By Fraud Upon The Court And Not Presented To A Legally Constituted Grand Jury Who Passed An Indictment On The Same And For An Evidentiary Hearing On This Matter (Doc. #447) filed February 25, 2016 and Defendant's Amended Motion To Modify Restitution Order And For Show Of Cause (Doc. #448) filed May 2, 2016 as motions for leave to file second or successive petitions under 28 U.S.C. ยง 2255, the motions are DISMISSED without prejudice. Signed by District Judge Kathryn H. Vratil on 5/26/16. Mailed to pro se party Montgomery Carl Akers by regular mail. (hw)
June 15, 2017
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(AFFIRMED IN PART AND REMANDED IN PART PER MANDATE OF 10CCA 07/25/2018) MEMORANDUM AND ORDER. Defendant's Combined Motion For Recusal Of Presiding Judge Kathryn H. Vratil; And Motion To Reopen Habeas Proceedings In This Case Due To Fraud Being Perpetrated Upon The Court In The First Habeas Proceeding (Doc. #457) filed January 23, 2017 is OVERRULED. Signed by District Judge Kathryn H. Vratil on 6/15/2017. Mailed to pro se party Montgomery Carl Akers by regular and certified mail; Certified Tracking Number: 7012 3460 0000 8262 7198. (hl) Modified on 7/25/2018 (tvn).