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06-10305 - USA v. Arias et al


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06-10305 - USA v. Arias et al
December 10, 2013
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Judge Mark L. Wolf: ORDER entered. as to Esther Arias In view of the foregoing, it is hereby ORDERED that: 1. By January 10, 2014, Arias shall file an amended motion pursuant to 28 U.S.C. §2255. This motion shall supersede all of Arias's prior submissions. Arias shall include in her amended motion all of the factual contentions that, in her view, are relevant to her claims. The amended motion will be subject to Federal Rule of Civil Procedure 15, as it applies to §2255 motions. See Ciampi, 419 F.3d at 23. The court does not intend to authorize or consider any subsequent supplemental submissions. 2. If Arias asserts in her amended motion that she was deprived of the effective assistance of counsel at trial, she will be deemed to have waived the attorney-client privilege with respect to all information and communications relevant to her claim of ineffective assistance of counsel. 3. This Order renders MOOT the following motions: Arias's Request for Leave to Respond to Any Argument the Government May Submit in Opposition to the Petitioner's Motion (Doc. No. 293); Government's Motion for Extension of Time to File Opposition to §2255 Petition (Doc. No. 295); Government's Motion for Order re: Attorney-Client Privilege on §2255 Petition (Doc. No. 296); Arias's Motion to Hold an Evidentiary Hearing (Doc. No. 300); Government's Motion for Order of Summary Disposition (Doc. No. 301); Arias's Motion to Supplement the Record with Exculpatory Evidence Not Obtained by Counsel (Doc. No. 311); Arias's Letter Requesting that Defense Counsel Be Provided (Doc. No. 312); Arias's Supplement Motion 2255 (Doc. No. 314); Government's Renewed and Expanded Motion for Order re: Attorney-Client Privilege on §2255 Petition (Doc. No. 315); Government's Motion for Order re: Transcript(s) of Sealed Proceeding(s) (Doc. No. 316); Arias's Letter to Judge Woodlock Requesting a Plea Hearing as Soon as Possible (Doc. No. 317); Arias's Motion to Vacate Restitution (Doc. No. 333); Arias's Motion to Modify Restitution Judgment (Doc. No. 339); and Arias's Motion Inquiring of Response to Motion 2255 (Doc. No. 363). These motions are, therefore, DENIED without prejudice. 4. As Arias reports that her §2255 motion has been lost or stolen, the clerk shall provide Arias with a copy of that motion with this Order. (Hohler, Daniel)
April 4, 2014
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Judge Mark L. Wolf: ORDER entered. as to Esther Arias Accordingly, it is hereby ORDERED that: 1. By May 2, 2014, Mr. Espinosa shall file and serve an affidavit addressing Arias's contentions and detailing any pertinent conversations, correspondence, and documentation. 2. The government shall respond to the §2255 motion by June 2, 2014. 3. Any reply to the government's response shall be filed by June 23, 2014. 4. The government shall serve this Order on Mr. Espinosa, with a copy of the §2255 motion. (Hohler, Daniel)
March 31, 2015
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Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER, it is hereby ORDERED that: 1. Petitioner's Motion under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Docket Nos. 383 384 is DENIED.2. Petitioner's Motion for Appointment of Counsel (Docket No. 382 is DENIED.3. Petitioner's Request for a Hearing (Docket Nos. 383, 384) is DENIED.4. A Certificate of Appealability is DENIED for all claims. (Franklin, Yvonne)
February 1, 2016
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Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER. (Bartlett, Timothy)