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13-147 - USA v. Cox et al


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13-147 - USA v. Cox et al
February 4, 2015
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MEMORANDUM OPINION AND ORDER as to David Allen Cox (1): Dft Cox's 73 Motion to Reduce Sentence - USSC Amendment is DENIED. Signed by Judge Danny C. Reeves on February 4, 2015. (AWD) cc: COR,USP,Dft via US Mail
June 11, 2015
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MEMORANDUM ORDER as to David Allen Cox: (1) USA's 82 MOTION for Order Finding Waiver of Atty-Client Privilege is GRANTED. Court finds that, by alleging ineffective assistance of counsel, Dft Cox has waived his atty-client privilege with respect to issues raised in his 2255 motion. (2) USA may contact Cox's former atty strictly for the purpose of obtaining only that information which is necessary to respond to the Dft's ineffective assistance of counsel claim. Signed by Judge Danny C. Reeves on June 11, 2015. (AWD) cc: COR,USP,Dft via US Mail
November 2, 2015
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RECOMMENDED DISPOSITION as to David Allen Cox: The undersigned RECOMMENDS that the 80 MOTION to Vacate under 28 U.S.C. 2255 be DENIED on the merits. The Court further RECOMMENDS that no Certificate of Appealability should issue. This case also does not warrant an evidentiary hearing. Essentially, Cox offers mere speculation as to how he was prejudiced without articulating facts that could entitle him to relief. Court directs parties to 28 USC 636(b)(1) for appeal rights and mechanics. Any party may file specific written objections within 14 days. Failure to timely object may result in waiver of further appeal. Signed by Magistrate Judge Hanly A. Ingram on November 2, 2015. (AWD) cc: COR,USP,Dft via US Mail
January 8, 2016
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MEMORANDUM OPINION AND ORDER as to David Allen Cox (1): (1) The 102 Report and Recommendation of Magistrate Judge Hanly A. Ingram is ADOPTED in full and INCORPORATED by reference. (2) Dft Cox's 105 Objections to the Report and Recommendation are OVERRULED. (3) Dft Cox's 80 Motion to Vacate (2255) is DENIED. (4) A Certificate of Appealability shall not issue with respect to any matter or claim raised in this proceeding. (5) A judgment in favor of the United States shall issue this date. Signed by Judge Danny C. Reeves on January 8, 2016. (AWD) cc: COR,USP,Dft via US Mail Civil Case 5:15-cv-07399-DCR-HAI closed.