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09-3091 - USA v. Moore et al


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09-3091 - USA v. Moore et al
July 29, 2009
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ORDER as to defendant Jobita Willetta Avery. The arrest warrant in this case is withdrawn. The Clerk shall issue a summons for the defendant to appear on Friday, August 28, 2009, at 1:30 p.m., before the undersigned. Counsel for the government shall coordinate the service of the summons with law enforcement or the United States Marshals Service. Ordered by Judge Richard G. Kopf. (1 Certified copy to USM)(GJG)
July 29, 2009
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ORDER APPOINTING COUNSEL - Nancy K. Peterson appointed as counsel as to defendant Jaktine Alphonso Moore as ordered by Judge Richard G. Kopf. (SED)
July 29, 2009
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ORDER of Detention pending trial as to defendant Jaktine Alphonso Moore as ordered by Judge Richard G. Kopf. (SED)
August 28, 2009
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ORDER APPOINTING COUNSEL - Stuart J. Dornan appointed as counsel as to defendant Jobita Willetta Avery as ordered by Judge Richard G. Kopf. (SED)
September 2, 2009
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ORDER as to Jaktine Alphonso Moore. It is ordered that the motion to reconsider detention pending trial 36 is granted in part and in part held in abeyance. Pretrial Services shall investigate the possibility of release under the conditions outlined in the defendant's motion, that is, release to the home of the defendant's wife and electronic monitoring. A report shall be prepared and filed and copies provided to counsel. The report should include the recommendations of the Pretrial Services officer. Upon submission of the report, the undersigned will resolve the merits of the motion. My chambers shall provide Pretrial Services with a copy of this order. Ordered by Judge Richard G. Kopf. ( KLL, )
September 24, 2009
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MEMORANDUM AND ORDER as to defendants Jaktine Alphonso Moore and Jobita Willetta Avery. Defendant's oral motion to continue deadlines and trial is granted. Each of the defendants shall have until the close of business on October 9, 2009, to file pretrial motions. Trial of this case for seven days is scheduled to commence on December 7, 2009, at 09:00 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. The time between today's date and the new trial date is excluded under the Speedy Trial Act. Ordered by Judge Richard G. Kopf. (JAB)MEMORANDUM AND ORDER as to defendants Jaktine Alphonso Moore and Jobita Willetta Avery. Defendant's oral motion to continue deadlines and trial is granted. Each of the defendants shall have until the close of business on October 9, 2009, to file pretrial motions. Trial of this case for seven days is scheduled to commence on December 7, 2009, at 09:00 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. The time between today's date and the new trial date is excluded under the Speedy Trial Act. Ordered by Judge Richard G. Kopf. (JAB)
September 29, 2009
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MEMORANDUM AND ORDER as to Jaktine Alphonso Moore (1). After consideration of the Pretrial Services' Release Investigation Report (filing 40), when read in conjunction with the Preliminary Pretrial Services Report (filing 10), IT IS ORDERED that the motion for reconsideration of detention (filing 36) is denied. The defendant shall remain detained pending trial. Ordered by Judge Richard G. Kopf. (JAB)
October 14, 2009
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MEMORANDUM AND ORDER as to Jaktine Alphonso Moore (1). Defendant Moore's motion to withdraw, (filing no. 47), is granted, and the Moore's pro se motion to dismiss proffered evidence, (filing no. 46), is deemed withdrawn. Defendant Moore is advised that, as a represented party, it is inappropriate to file documents with the court directly, and all future filings should be made through his attorney. Ordered by Judge Richard G. Kopf. (Copy mailed as directed) (JAB)
October 21, 2009
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ORDER granting 52 Motion to Extend. The governments response to the defendants motion for bill of particulars shall be filed on or before October 22, 2009. Ordered by Judge Richard G. Kopf. (CRZ)ORDER granting 52 Motion to Extend. The governments response to the defendants motion for bill of particulars shall be filed on or before October 22, 2009. Ordered by Judge Richard G. Kopf. (CRZ)
October 26, 2009
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MEMORANDUM AND ORDER as to defendants Jaktine Alphonso Moore(1) and Jobita Willetta Avery(2). The defendants' motions for bill of particulars, (filing nos. 42 & 44), are denied. The trial of this case remains scheduled to commence before the undersigned on December 7, 2009. Ordered by Judge Richard G. Kopf. (JAB)MEMORANDUM AND ORDER as to defendants Jaktine Alphonso Moore(1) and Jobita Willetta Avery(2). The defendants' motions for bill of particulars, (filing nos. 42 & 44), are denied. The trial of this case remains scheduled to commence before the undersigned on December 7, 2009. Ordered by Judge Richard G. Kopf. (JAB)
October 29, 2009
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MEMORANDUM AND ORDER as to Jaktine Alphonso Moore (1). Defendant's Motion to Dismiss (filing no. 49), is denied; Defendant's Motion to Reconsider Detention, (filing no. 50), is denied; Defendant's Motion to Obtain "Remainder of or Related Writings of Recorded Statements," (filing no. 51), is denied. Defendant Moore is advised that, as a represented party, it is inappropriate to file documents with the court directly, and all future filings shall be made through his attorney. Ordered by Judge Richard G. Kopf. (Copy mailed to defendant)(JAB)
November 25, 2009
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ORDER as to defendant Jaktine Alphonso Moore and Jobita Willetta Avery. Because the same prosecutor is presently scheduled for "back-to-back" trials before Judge Urbom (commencing on November 30, 2009) and me (commencing December 7, 2009), the lawyers and I need to discuss the possibility of rescheduling my trial. Therefore, IT IS ORDERED that my judicial assistant shall arrange a telephone conference with counsel to be held at 12:30 PM on Tuesday, December 1, 2009. Counsel shall calendar that telephone conference. Ordered by Judge Richard G. Kopf. (GJG)ORDER as to defendant Jaktine Alphonso Moore and Jobita Willetta Avery. Because the same prosecutor is presently scheduled for "back-to-back" trials before Judge Urbom (commencing on November 30, 2009) and me (commencing December 7, 2009), the lawyers and I need to discuss the possibility of rescheduling my trial. Therefore, IT IS ORDERED that my judicial assistant shall arrange a telephone conference with counsel to be held at 12:30 PM on Tuesday, December 1, 2009. Counsel shall calendar that telephone conference. Ordered by Judge Richard G. Kopf. (GJG)
January 22, 2010
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ORDER denying 104 Defendant Avery's Motion to Continue Trial. Ordered by Judge Richard G. Kopf. ( KLL, )ORDER denying 104 Defendant Avery's Motion to Continue Trial. Ordered by Judge Richard G. Kopf. ( KLL, )
January 28, 2010
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ORDER granting 130 Motion seeking temporary transfer of custody of Troy Hamilton. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)ORDER granting 130 Motion seeking temporary transfer of custody of Troy Hamilton. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
January 28, 2010
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AMENDED ORDER for temporary transfer of custody of Jushan Malone.Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)AMENDED ORDER for temporary transfer of custody of Jushan Malone.Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
February 8, 2010
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ORDER - The defendant's motion for judgment of acquittal and new trial (filing 151) is denied as to Jobita Willetta Avery. Ordered by Judge Richard G. Kopf. (GJG)
February 9, 2010
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ORDER as to Jaktine Alphonso Moore (1). Defendant Moore's motion for judgment of acquittal and new trial (filing 152) is denied. Ordered by Judge Richard G. Kopf. (JAB)
April 8, 2010
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MEMORANDUM AND ORDER that the Clerk of Court shall file the letter; treating the letter as a motion 170, it will be taken up at the same time as the hearing on defense counsel's motion to withdraw 168, which is scheduled on April 15, 2010, at 12:30 p.m., before the undersigned; the Clerk of Court shall provide a copy of this order and the defendant's letter to counsel for the government, to counsel for the defendant, and to the defendant at defendant's last known address as to Jaktine Alphonso Moore. Ordered by Judge Richard G. Kopf. (copies mailed as directed)(CJP)
April 8, 2010
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ORDER that notwithstanding section 21 U.S.C. § 851(b), the government shall be prepared to prove the alleged convictions and the finality of the alleged convictions at sentencing; a hearing will be held at sentencing to determine whether the alleged convictions in fact took place, whether they are now final and other matters appropriate for consideration under 21 U.S.C. § 851; at least 5 business days before sentencing, the defendant shall comply with the requirements of 21 U.S.C. § 851(b) and affirmatively state whether he affirms or denies the allegations of the information; any challenge to a prior conviction alleged in the information which is not made before sentence is imposed may not thereafter be raised to attack the sentence; any written response of the defendant as permitted or required by 21 U.S.C. § 851(c) shall be filed at least 5 business days before sentencing; the Clerk shall provide counsel of record and the defendant with a copy of this order as to defendant Jaktine Alphonso Moore. Ordered by Judge Richard G. Kopf. (copies mailed as directed)(CJP)
April 15, 2010
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MEMORANDUM AND ORDER that the motion to withdraw (filing 168) and the motion to appoint counsel (filing 170) are granted; The Federal Public Defender shall provide me with his nomination of an "A" panel lawyer to represent Mr. Moore; The sentencing hearing previously scheduled for April 29, 2010 at noon is cancelled; Upon the entry of appearance by new counsel, my judicial assistant shall arrange a telephone call with the prosecutor and new defense counsel to discuss the further progression of this case as to defendant Jaktine Alphonso Moore. Ordered by Judge Richard G. Kopf. (Copy to defendant and FPD as directed)(ADB, )
April 21, 2010
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Jobita Willetta Avery. It is ordered that:... (2)It is ordered that:(A)The objection and motion for departure or variance (filings 177 & 178) will be resolved at sentencing.(B)The motion to seal (filing 176), treated as a motion to restrict, is granted.(C)Notice is hereby given that the undersigned intends to use an 18 to 1 ratio to convert the crack to powder. That ratio is a product of Senate Bill 1789. If that ratio is applied, the base offense level and total offense level would become 34 rather than a level 38 assuming that the undersigned adopted the drug quantity calculated in the PSR (PSR 37). Given a criminal history category of III (PSR 64), the imprisonment range would become 188 to 235 months using the 18 to 1 ratio instead of 292 to 365 months using the Guidelines. The undersigned intends to use the 18 to 1 ratio because it avoids unwarranted sentencing disparity (as between crack and powder) while still imposing a sentencing premium on the distribution of crack to poor (mostly black) people.(3)Except to the extent (if at all) that I have sustained an objection or granted a motion or reserved an issue for later resolution in the preceding paragraph, the parties are herewith notified that my tentative findings are that the presentence report is correct in all respects. ETC. Ordered by Judge Richard G. Kopf. (KLL, )
April 21, 2010
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ORDER APPOINTING COUNSEL - Mark Weber is appointed to represent defendant Jaktine Alphonso Moore. The Clerk shall provide Mr.Weber with a copy of this order. Mr.Weber shall promptly enter his appearance. Moore. Ordered by Judge Richard G. Kopf. (Copies mailed as directed)(JAE)
April 26, 2010
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STRICKEN - MEMORANDUM AND ORDER AMENDING TENTATIVE FINDINGS regarding Presentence Investigation Report as to defendant Jaktine Alphonso Moore. Ordered by Judge Richard G. Kopf. (JAE) Modified on 4/26/2010 to indicate stricken per order 188. (JAE).
April 26, 2010
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MEMORANDUM AND ORDER AMENDING TENTATIVE FINDINGS regarding Presentence Investigation Report as to defendant Jobita Willetta Avery. Ordered by Judge Richard G. Kopf. (JAE)
May 6, 2010
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ORDER permitting the defendant to proceed on appeal in forma pauperis as to defendant Jobita Willetta Avery. Ordered by Judge Richard G. Kopf. (CJP)
June 8, 2010
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Jaktine Alphonso Moore. The undersigned will consult and follow the Guidelines to the extent permitted and required by United States v. Booker, 543 U.S. 220(2005) and subsequent cases. All of the objections and motions will be resolved at the previously scheduled evidentiary hearing and sentencing. If any party wishes to challenge these tentative findings, said party shall file a motion as soon as possible. Ordered by Judge Richard G. Kopf. (Craig Ford notified) (JAB)
July 13, 2010
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ORDER regarding Notice of Appeal to USCA230 as to defendant Jaktine Alphonso Moore. No order will be entered in this direct criminal appeal, and the party is permitted to proceed on appeal in forma pauperis. Ordered by Judge Richard G. Kopf. (JAB)
March 24, 2011
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MEMORANDUM AND ORDER denying 250 Motion to Appoint Counsel as to Jobita Willetta Avery (2). I am in receipt of a letter from the defendant. IT IS ORDERED that: (1) The Clerk of Court shall file the letter. (2) Treating the letter as a motion, the motion is denied. Ordered by Judge Richard G. Kopf. (Copy mailed to defendant)(JAB)
October 18, 2011
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ORDER TO WITHDRAW EXHIBITS as to defendants Jaktine Alphonso Moore and Jobita Willetta Avery. Pursuant to NECivR 79.1(f) or NECrimR 55.1(g), counsel shall either 1) withdraw the following exhibits previously submitted in this matter within 14 calendar days of the date of this order, or 2) show cause why the exhibits should not be destroyed. Ordered by Judge Richard G. Kopf. (JAB)ORDER TO WITHDRAW EXHIBITS as to defendants Jaktine Alphonso Moore and Jobita Willetta Avery. Pursuant to NECivR 79.1(f) or NECrimR 55.1(g), counsel shall either 1) withdraw the following exhibits previously submitted in this matter within 14 calendar days of the date of this order, or 2) show cause why the exhibits should not be destroyed. Ordered by Judge Richard G. Kopf. (JAB)
November 21, 2011
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ORDER REGARDING MOTION TO REDUCE SENTENCE UNDER 2011 CRACK COCAINE GUIDELINE AMENDMENT as to defendant Jobita Willetta Avery (2). The motion for sentence reduction (filing no. 258) and motion to appoint counsel (filing no. 259) are denied. The Clerk shall provide a copy of this document to Mike Norton, Supervisory United States Probation Officer, to David Stickman, Federal Public Defender, to the prosecutor and to Ms. Avery. Ordered by Judge Richard G. Kopf. (Copy mailed/e-mailed to pro se party and as directed)(GJG)
April 3, 2012
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ORDER denying 263 Motion to Appoint Counsel as to Jobita Willetta Avery (2). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
June 1, 2012
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MEMORANDUM AND ORDER - IT IS ORDERED that: The motion to proceed in forma pauperis (filing no. 267) is granted. The Motion to Vacate under 28 U.S.C. § 2255 (filing no. 265) is denied with prejudice. A separate judgment will be issued as to Jaktine Alphonso Moore. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)( TCL) Civil Case 4:12-cv-03087-RGK closed.
July 25, 2012
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MEMORANDUM AND ORDER - A certificate of appealability will not issue in this case. The defendant's motion for leave to appeal in forma pauperis (filing 273) is granted and the defendant may proceed in forma pauperis on appeal. The clerk of the court shall transmit a copy of this memorandum and order to the United States Court of Appeals for the Eighth Circuit as to Jaktine Alphonso Moore (1). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (AOA)
January 11, 2013
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MEMORANDUM AND ORDER as to defendant Jobita Willetta Avery (2). The Motion to proceed in forma pauperis (filing no. 285)is granted and the Motion to Vacate under 28 U.S.C. § 2255 (filing no. 284) is denied with prejudice. A separate judgment will be issued. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG) Civil Case 4:12-cv-03212-RGK closed.
February 5, 2013
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ORDER as to defendant Jobita Willetta Avery (2). I am in receipt of a letter from Ms. Avery. IT IS ORDERED that: 1. The Clerk shall file the letter. 2. Treated as a motion, 296 it is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
February 5, 2014
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MEMORANDUM AND ORDER - IT IS ORDERED that the Motion for Modification of Sentence (filing no. 302), the Motion for a Transcript (filing no. 304), and the Motion to Proceed in Forma Pauperis (filing no. 305) are denied as to Jobita Willetta Avery. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)( TCL )
December 9, 2014
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MEMORANDUM AND ORDER as to defendant Jaktine Alphonso Moore (1). The Motion to Vacate under 28 U.S.C. § 2255 (filing no. 309) is denied and dismissed with prejudice. No certificate of appealability will be issued. A separate judgment will be issued. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG) Civil Case 4:14-cv-03212-RGK closed.
January 6, 2015
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MEMORANDUM AND ORDER as to defendant Jaktine Alphonso Moore. A certificate of appealability will not issue in this case. In response to the clerk's memo (filing 313), the defendant may proceed in forma pauperis on appeal. The clerk of the court shall transmit a copy of this memorandum and order to the United States Court of Appeals for the Eighth Circuit. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
July 15, 2015
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ORDER regarding General Order 2014-08 308 as to defendant Jobita Willetta Avery. It is ordered that a sentence reduction under Amendment 782 is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to defendant)(SLP)
July 30, 2015
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STRICKEN - ORDER permitting the defendant to proceed on appeal in forma pauperis as to defendant Jobita Willetta Avery. Ordered by Senior Judge Richard G. Kopf. (GJG) Modified on 7/30/2015 to strike pursuant text order filing 327 (GJG).
July 31, 2015
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ORDER permitting the defendant to proceed on appeal in forma pauperis as to defendant Jobita Willetta Avery. Ordered by Senior Judge Richard G. Kopf. (GJG)
September 22, 2015
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ORDER that the defendant's motion for leave to file notice of appeal out of time (filing 341) is granted as to defendant Jaktine Alphonso Moore. Ordered by Senior Judge Richard G. Kopf. (LAC)
September 24, 2015
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ORDER permitting defendant to appeal in forma pauperis as to defendant Jaktine Alphonso Moore. Ordered by Senior Judge Richard G. Kopf. (GJG)
June 20, 2016
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ORDER that this case is held in abeyance until further order of this court.as to defendant Jaktine Alphonso Moore. Counsel shall promptly advise me when the United States Court of Appeals for the Eighth Circuit or the United States Supreme Court decides one way or the other whether the Johnson decision applies to a case (i) where the underlying criminal action was final before Johnson was decided and (ii) that involves a challenge to the "residual clause" of U.S.S.G. § 4B1.2(a)(2) based upon Johnson. Ordered by Senior Judge Richard G. Kopf. (LAC)
June 30, 2016
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ORDER as to defendant Jaktine Alphonso Moore. The motion to withdraw as attorney (filing no. 356) is granted. The § 2255 motion (filing no. 352) is denied for the reasons articulated in the motion to withdraw as attorney. Judgment will be entered by separate document. The undersigned refuses to grant a certificate of appealability. Ordered by Senior Judge Richard G. Kopf. (GJG)
February 2, 2017
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ORDER as to defendant Jobita Willetta Avery. The Clerk of Court shall file the defendant's letter as a motion. Treating the defendant's letter as a motion, 361 it is denied. The Clerk of Court shall send a copy of this order to the defendant at the defendant's last known address. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
November 29, 2017
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ORDER - IT IS ORDERED that: The "petition" considered in this court as a motion (filing no. 366) is denied. The Clerk of the Court shall provide a copy of this order and filing no. 366 to the Court of Appeals as to Jaktine Alphonso Moore. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)( TCL)
January 9, 2018
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ORDER permitting defendant Jaktine Alphonso Moore to proceed on appeal in forma pauperis by Judge Richard G. Kopf. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL)