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11-20085 - USA v. McIntosh


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11-20085 - USA v. McIntosh
September 15, 2015
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MEMORANDUM AND ORDER overruling 196 Motion To Void On Jurisdictional Grounds as to Rodney McIntosh (1); overruling 197 Motion for Judgment as to Rodney McIntosh (1). Signed by District Judge Kathryn H. Vratil on 9/15/15. Mailed to pro se party Rodney McIntosh by regular mail. (kao)
January 11, 2016
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MEMORANDUM AND ORDER overruling 200 Motion For Documents Without Cost Brought Under Title 28 U.S.C. § 2250; sustaining 201 Motion For Documentary Evidence; overruling 205 Motion to Take Judicial Notice; sustaining in part 217 Motion For Affirmative Action; On or before February 26, 2016, defendant may file a supplemental reply in support of his Motion To Vacate, Set Aside, Or Correct Brought Under 28 U.S.C.S. § 2255 (Doc. #198) filed April 6, 2015 and related motions (Docs. #206, #207 and #214); overruling 219 Motion For Relief By The Powers Of Due Process. IT IS FURTHER ORDERED that defendant's letter (Doc. #218), which the Court construes as a motion for release from custody based on the government's failure to respond to defendant's Section 2255 motion, filed December 28, 2015 be and hereby is OVERRULED. Signed by District Judge Kathryn H. Vratil on 1/11/16. Mailed to pro se party Rodney McIntosh by regular mail. (kao)
August 5, 2016
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MEMORANDUM AND ORDER overruling 198 Motion to Vacate (2255) as to Rodney McIntosh (1); IT IS FURTHER ORDERED that a certificate of appealability as to the ruling on defendant's Section 2255 motion is DENIED. IT IS FURTHER ORDERED that defendant's Motion To Enforce (Doc. #206) filed July 9, 2015, defendant's Motion For A New Trial Brought Under Federal Rules Of Criminal Procedure 33 (Doc. #207) filed July 9, 2015, defendant's Motion For Expansion Of The Record Under Rule 7(a) Governing Section 2255 Proceedings (Doc. #214) filed October 26, 2015, defendant's Motion For The Court To Take Judicial Notice (Doc. #216) filed November 20, 2015, defendant's Motion For Documents Without Cost Brought Under Title 28 U.S.C. § 2250 (Doc. #222) filed January 25, 2016, defendant's Motion For Materials Regarding Computer Files (Doc. #226) filed January 25, 2016, defendant's Motion For The Court To Prosecute Defendant(s) Under 18 U.S.C. § 1001 For Fraudulent Statements (Doc. #228) filed January 28, 2016, defendant's Motion To Take Judicial Notice By Fraud From The Court Via Court Transcripts (Doc. #230) filed February 8, 2016,defendant's Motion For Declaratory Judgment Under Title 28 U.S.C. § 2201 (Doc. #231) filed February 8, 2016, defendant's Motion For The District Court To Take Judicial Notice (Doc. #232) filed February 11, 2016, defendant's Motion For Discovery Request Under Rule 6 Of Rules Governing Section 2255 Proceedings (Doc. #233) filed February 19, 2016, defendant's Motion For An Evidentiary Hearing Per Rules Of Section 2255 Proceedings (Doc. #234) filed February 19, 2016, defendant's Motion For Issuance Of Subpoenas (Doc. #235) filed February 19, 2016, defendant's Motion For Actual Innocence In Supplement To Doc.'s #222, 223, 24, 25 and #226 Of 28 U.S.C. § 2255 Filing (Doc. #236) filed February 19, 2016, defendant's Motion For Judicial Estoppel Filed In Re The Motion To Vacate Filed Under 28 U.S.C. § 2255 (Doc. #237) filed February 22, 2016, defendant's Motion For Documents Without Any Cost Brought Under Title 28 U.S.C. § 2250 (Doc. #238) filed February 22, 2016 and defendant's Motion To Receive The Disposition Of The Court Response To The 28 U.S.C. § 2255 (Doc. #239) filed March 21, 2016 are OVERRULED. IT IS FURTHER ORDERED that defendant's Motion For Right To Review Under Title 5 United States Code § 702 (Doc. #240) and defendant's [Motion For] Writ Of Habeas Corpus Ad Subjiciendum (Doc. #241) filed June 24, 2016 are OVERRULED as moot. Signed by District Judge Kathryn H. Vratil on 8/5/16. Mailed to pro se party Rodney McIntosh by regular mail along with an updated copy of the docket sheet. (kao) Civil Case 2:15-cv-02909-KHV closed.
September 23, 2016
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MEMORANDUM & ORDER - IT IS THEREFORE ORDERED that defendant's Motion To Reconsider The Denial Of [Section] 2255 [Motion] Pursuant To Rule 59 (Doc. #246) filed August 23, 2016 is OVERRULED. IT IS FURTHER ORDERED that defendant's Motion For The Court To Respond To Receiving Notice Of Appeal To 28 U.S.C. § 2255 (Doc. #248) filed August 26, 2016 is OVERRULED as moot. IT IS FURTHER ORDERED that defendant's Motion To Proceed In Forma Pauperis [On Appeal] (Doc. #249) filed August 29, 2016 is SUSTAINED. Pursuant to Fed. R. App. P. 24(a)(3) and 18 U.S.C. § 3006A(d)(7), defendant may proceed on appeal in forma pauperis without further authorization. IT IS FURTHER ORDERED that defendant's Motion To Receive (Doc. #250) filed September 12, 2016 is OVERRULED as moot. IT IS FURTHER ORDERED that defendant's Motion For Notification Of Verification Of The Motion For Leave To Proceed In Forma Pauperis (Doc. #251) filed September 12, 2016 is OVERRULED as moot. Signed by District Judge Kathryn H. Vratil on 9/23/16. Mailed to pro se party Rodney McIntosh by regular mail. (kao)
April 17, 2017
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(VACATED - SEE 297 ORDER dated 2/26/18) MEMORANDUM AND ORDER dismissing 260 Motion to Set Aside as to Rodney McIntosh (1). Signed by District Judge Kathryn H. Vratil on 4/17/17. Mailed to pro se party Rodney McIntosh by regular mail. (kao) Modified on 2/26/2018. (kao)
June 15, 2017
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MEMORANDUM AND ORDER overruling 264 Motion for Reconsideration as to Rodney McIntosh (1). The Court directs the Clerk to re-docket defendant's motion to reconsider (Doc. #264) as a combined motion to reconsider and a notice of appeal as of May 1, 2017, the date defendant originally filed the motion; sustaining 268 Motion for Leave to Proceed In Forma Pauperis as to Rodney McIntosh (1); overruling 269 Motion for Order as to Rodney McIntosh (1). Signed by District Judge Kathryn H. Vratil on 6/15/17. Mailed to pro se party Rodney McIntosh by regular mail. (kao)
July 28, 2017
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ORDER overruling 274 Motion for Order as to Rodney McIntosh (1). Signed by District Judge Kathryn H. Vratil on 7/28/17. Mailed to pro se party Rodney McIntosh by regular mail. (kao)
August 22, 2017
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MEMORANDUM AND ORDER overruling 276 Motion For An Investigation For Obstruction Of Justice as to Rodney McIntosh (1); overruling in part and dismissing in part 277 Motion Under Federal Rule Of Civil Procedure 60(b)(3) as to Rodney McIntosh (1); overruling 278 Motion for Reconsideration as to Rodney McIntosh (1); dismissing 279 Motion to Vacate (2255) as to Rodney McIntosh (1). See Order for details. Signed by District Judge Kathryn H. Vratil on 8/22/17. Mailed to pro se party Rodney McIntosh by regular and certified mail. (Certified Tracking Number: 7015 0920 0001 7045 8829) (kao) Civil Case 2:17-cv-02483-KHV closed.
October 18, 2017
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MEMORANDUM AND ORDER overruling 282 Motion To Reconsider Pursuant To Fed. R. Civil Procedure 59 as to Rodney McIntosh (1); overruling 283 Motion For Disqualification Of Judge Kathryn H. Vratil Pursuant To 28 U.S. Code § 455(a)(b)(1) as to Rodney McIntosh (1); overruling 284 Motion for Writ as to Rodney McIntosh (1). Signed by District Judge Kathryn H. Vratil on 10/18/17. Mailed to pro se party Rodney McIntosh by regular mail. (kao)
April 17, 2018
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MEMORANDUM AND ORDER as to Rodney McIntosh (1): Defendant's 292 Motion Under 28 U.S. Code § 1361 filed 10/20/2017, which the Court also construes as a motion to return legal materials, is dismissed for lack of jurisdiction to the extent defendant seeks a writ of mandamus under 28 U.S.C. § 1361 and is otherwise overruled. Signed by District Judge Kathryn H. Vratil on 4/17/2018. Mailed to pro se party Rodney McIntosh by regular mail. (mdc)
April 17, 2018
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MEMORANDUM AND ORDER dismissing for lack of jurisdiction 299 Motion to Vacate (2255) as to Rodney McIntosh (1). IT IS FURTHER ORDERED that a certificate of appealability as to the ruling on defendant's Section 2255 motion is DENIED. Signed by District Judge Kathryn H. Vratil on 4/17/18. Civil Case 2:18-cv-02186-KHV closed. Mailed to pro se party Rodney McIntosh by regular mail. (kao)