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11-3087 - USA v. Allen et al


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11-3087 - USA v. Allen et al
September 1, 2011
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ORDER APPOINTING COUNSEL as to defendant Guy E. Allen. The Federal Public Defender for the District of Nebraska is appointed to represent the above named defendant in this matter. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
September 1, 2011
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ORDER of Detention pending trial as to defendant Guy E. Allen. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
September 30, 2011
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ORDER granting 20 Motion to Extend as to Guy E. Allen. Pretrial Motion Deadline set for 10/28/2011. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
December 14, 2011
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ORDER granting 26 Motion to Continue. Change of Plea Hearing set for 12/22/2011 at 10:30 AM in Courtroom 3, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
December 22, 2011
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MEMORANDUM AND ORDER as to defendant Guy E. Allen. The defendant's change of plea hearing, previously set for today is cancelled. Trial is set to begin at 9:00 a.m. on February 27, 2012 for a duration of five trial days before Judge Richard G. Kopf at the United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Jury selection will be at the commencement of trial. The time between today's date and February 27, 2012, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, for the reason that the parties require additional time to adequately prepare the case, taking into consideration due diligence of counsel, the novelty and complexity of the case, and the fact that the failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(7)(A) & (B). Ordered by Magistrate Judge Cheryl R. Zwart. (TEL)
January 11, 2012
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ORDER granting 31 Motion to Withdraw as Attorney as to Guy E. Allen. Ordered by Magistrate Judge Cheryl R. Zwart. (E-mailed to FPD)(CRZ)
January 27, 2012
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ORDER granting 34 Motion to Continue as to Guy E. Allen. Jury Trial set for 3/26/2012 at 09:00 AM before Senior Judge Richard G. Kopf. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
March 8, 2012
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ORDER APPOINTING COUNSEL as to defendant Terrelle L. Tyler. Joel Lonowski is appointed as attorney of record for the above named defendant in this matter. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
March 8, 2012
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ORDER APPOINTING COUNSEL as to defendant Cedric Williams. John Aman is appointed as attorney of record for the above named defendant in this matter. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
March 8, 2012
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ORDER of Detention pending trial as to defendant Terrelle L. Tyler. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
March 8, 2012
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ORDER of Detention pending trial as to defendant Cedric Williams. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
May 2, 2012
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MEMORANDUM AND ORDER granting Motions to Continue60 and 61 as to defendants Guy E. Allen (1) and Terrelle L. Tyler (2). Jury Trial continued to 7/16/2012 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf. The time between today's date and the anticipated trial is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. 3161(h)(7). Ordered by Magistrate Judge Cheryl R. Zwart. ( JAB, )MEMORANDUM AND ORDER granting Motions to Continue60 and 61 as to defendants Guy E. Allen (1) and Terrelle L. Tyler (2). Jury Trial continued to 7/16/2012 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf. The time between today's date and the anticipated trial is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. 3161(h)(7). Ordered by Magistrate Judge Cheryl R. Zwart. ( JAB, )
July 3, 2012
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ORDER APPOINTING COUNSEL as to defendant Christopher Mallett. Jessica Milburn is appointed as attorney of record for the above-named defendant in this matter. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
August 7, 2012
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Cedric Williams. It is ordered that:... (2)There were no objections or motions that require resolution at sentencing.(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 Senior Judge Richard G. Kopf. (KLL, )
September 11, 2012
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ORDER - The Clerk of Court shall file the Federal Bureau of Prison's letter to me dated September 6, 2012. The Clerk of Court shall provide a copy of this order and the letter to counsel for the government, to counsel for the defendant and to the Federal Public Defender. Counsel for the defendant is reappointed to represent the defendant concerning this matter. The Federal Public Defender shall provide defense counsel with a CJA voucher as to defendant Cedric Williams. Ordered by Senior Judge Richard G. Kopf. (Copy provided to counsel and FPD as directed) (AOA)
September 13, 2012
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ORDER - The Court will not change or amend the judgment (filing no. 116) notwithstanding the letter from the Bureau of Prisons. The Clerk shall mail a copy of this Order to Jose M. Santana, Chief, Designation and Computation Center, at the address more particularly shown in filing no. 120 as to defendant Cedric Williams. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed)(AOA)
October 4, 2012
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ORDER granting 133 Motion to Withdraw as Attorney as to Terrelle L. Tyler. (Copy emailed to FPD by CRZ). Ordered by Magistrate Judge Cheryl R. Zwart. ( Zwart, Cheryl)
October 9, 2012
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MEMORANDUM AND ORDER denying 102 Motion to Sever as to Christopher Mallett (4). The trial of this case as to Defendants Christopher Mallett and Guy Allen is set to commence before the Honorable Richard G. Kopf, in Courtroom 1, United States Courthouse, Lincoln, Nebraska at 9:00 a.m. on November 5, 2012, or as soon thereafter as the case may be called, for a duration of five (5) trial days. Jury selection will be held at commencement of trial. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)MEMORANDUM AND ORDER denying 102 Motion to Sever as to Christopher Mallett (4). The trial of this case as to Defendants Christopher Mallett and Guy Allen is set to commence before the Honorable Richard G. Kopf, in Courtroom 1, United States Courthouse, Lincoln, Nebraska at 9:00 a.m. on November 5, 2012, or as soon thereafter as the case may be called, for a duration of five (5) trial days. Jury selection will be held at commencement of trial. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
October 23, 2012
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report and Addendum as to defendant Terrelle L. Tyler. It is ordered that:... (2)There are no objections or motions that require resolution at sentencing.(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 Senior Judge Richard G. Kopf. (KLL, )
November 2, 2012
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MEMORANDUM AND ORDER regarding 155 Motion to Dismiss Criminal Case as to Guy E. Allen (1). As to both defendants, the trial of this case is continued pending resolution of defendant Allen's motion to dismiss. As to both defendants, the time beginning on October 25, 2012, when defendant Allen filed his motion to dismiss, until the resolution of that motion, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. 18 U.S.C. § 3161(h)(1), (h)(6) & (h)(7). Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)MEMORANDUM AND ORDER regarding 155 Motion to Dismiss Criminal Case as to Guy E. Allen (1). As to both defendants, the trial of this case is continued pending resolution of defendant Allen's motion to dismiss. As to both defendants, the time beginning on October 25, 2012, when defendant Allen filed his motion to dismiss, until the resolution of that motion, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. 18 U.S.C. § 3161(h)(1), (h)(6) & (h)(7). Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
November 26, 2012
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ORDER as to defendant Terrelle L. Tyler. It is ordered that a one and one-half hour evidentiary hearing, with sentencing to follow, is set for 12/4/2012 commencing at 10:30 AM in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf. Ordered by Senior Judge Richard G. Kopf. (KLL, )
December 4, 2012
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FINDINGS AND RECOMMENDATION to deny motion to dismiss.Jury Trial set for 12/18/2012 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf.) as to defendant(s) Guy E. Allen, Terrelle L. Tyler, Cedric Williams, Christopher Mallett. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)FINDINGS AND RECOMMENDATION to deny motion to dismiss.Jury Trial set for 12/18/2012 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf.) as to defendant(s) Guy E. Allen, Terrelle L. Tyler, Cedric Williams, Christopher Mallett. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)FINDINGS AND RECOMMENDATION to deny motion to dismiss.Jury Trial set for 12/18/2012 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf.) as to defendant(s) Guy E. Allen, Terrelle L. Tyler, Cedric Williams, Christopher Mallett. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)FINDINGS AND RECOMMENDATION to deny motion to dismiss.Jury Trial set for 12/18/2012 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf.) as to defendant(s) Guy E. Allen, Terrelle L. Tyler, Cedric Williams, Christopher Mallett. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
December 5, 2012
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ORDER - Counsel for Mr. Allen gives oral notice of his objection to the Findings and Recommendation (filing no. 173). No further objection is necessary. Due to the complexity of the issues discussed in the Findings and Recommendation, counsel for Mr. Allen will have until Tuesday, December 18, 2012 to submit his brief in support of the objection and in opposition to the Findings and Recommendation and counsel for the government will have until Tuesday, January 2, 2013 to submit his brief in opposition to the objection and in support of the Findings and Recommendation. The thirty day time limit under 18 U.S.C. § 3161(h)(1)(H) for considering the defendants objection to the Findings and Recommendation shall start to run on January 3, 2013. If the Findings and Recommendations are adopted, and the objection overruled, the jury trial in this case, scheduled for nine days, shall commence on Tuesday, January 22, 2013. Trial in this case is set as the number one case on Tuesday, January 22, 2013. Judge Zwart and my judicial assistant, Kris Leininger, are requested to schedule accordingly. The Clerk shall provide Judge Zwart with a copy of this order as to defendants Guy E. Allen, Christopher Mallett. Ordered by Senior Judge Richard G. Kopf. (AOA)ORDER - Counsel for Mr. Allen gives oral notice of his objection to the Findings and Recommendation (filing no. 173). No further objection is necessary. Due to the complexity of the issues discussed in the Findings and Recommendation, counsel for Mr. Allen will have until Tuesday, December 18, 2012 to submit his brief in support of the objection and in opposition to the Findings and Recommendation and counsel for the government will have until Tuesday, January 2, 2013 to submit his brief in opposition to the objection and in support of the Findings and Recommendation. The thirty day time limit under 18 U.S.C. § 3161(h)(1)(H) for considering the defendants objection to the Findings and Recommendation shall start to run on January 3, 2013. If the Findings and Recommendations are adopted, and the objection overruled, the jury trial in this case, scheduled for nine days, shall commence on Tuesday, January 22, 2013. Trial in this case is set as the number one case on Tuesday, January 22, 2013. Judge Zwart and my judicial assistant, Kris Leininger, are requested to schedule accordingly. The Clerk shall provide Judge Zwart with a copy of this order as to defendants Guy E. Allen, Christopher Mallett. Ordered by Senior Judge Richard G. Kopf. (AOA)
January 17, 2013
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MEMORANDUM AND ORDER - The magistrate judge's findings and recommendation (filing 173) is adopted. The defendant's motion to dismiss (filing 155) is denied in all respects as to Guy E. Allen (1). Ordered by Senior Judge Richard G. Kopf. (AOA)
January 30, 2013
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ORDER - Terrelle Tyler shall give truthful testimony in the trial of United States v. Guy Allen and Christopher Mallett, 4:11CR3087 presently pending before the court and in further proceedings ancillary thereto. No testimony or other information compelled pursuant to this order (or any information directly or indirectly derived from such testimony or other information) may be used against Mr. Tyler in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order. The undersigned finds and concludes that the testimony of Terrelle Tyler is necessary to the public interest and approval for this order has been given by a Deputy Assistant Attorney General of the United States Department of Justice pursuant to the authority vested in him by the laws of the United States and otherwise. Terrelle Tyler is informed that failure to abide by this order, including a refusal to testify, may subject Terrelle Tyler to prosecution for criminal contempt and upon conviction may subject Terrelle Tyler to imprisonment (up to and including life in prison), supervised release following release from prison, a fine and a special assessment. Any such penalty may be imposed to runconsecutive to any other sentence.The government's motion, filing no 218, which has previously been provided to counsel forTerrelle Tyler, is granted. This order was read to Terrelle Tyler and a copy provided to Mr. Tyler and his counsel in open court on the date and year below shown as to defendant(s) Guy E. Allen, Christopher Mallett. Ordered by Senior Judge Richard G. Kopf. (AOA)ORDER - Terrelle Tyler shall give truthful testimony in the trial of United States v. Guy Allen and Christopher Mallett, 4:11CR3087 presently pending before the court and in further proceedings ancillary thereto. No testimony or other information compelled pursuant to this order (or any information directly or indirectly derived from such testimony or other information) may be used against Mr. Tyler in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order. The undersigned finds and concludes that the testimony of Terrelle Tyler is necessary to the public interest and approval for this order has been given by a Deputy Assistant Attorney General of the United States Department of Justice pursuant to the authority vested in him by the laws of the United States and otherwise. Terrelle Tyler is informed that failure to abide by this order, including a refusal to testify, may subject Terrelle Tyler to prosecution for criminal contempt and upon conviction may subject Terrelle Tyler to imprisonment (up to and including life in prison), supervised release following release from prison, a fine and a special assessment. Any such penalty may be imposed to runconsecutive to any other sentence.The government's motion, filing no 218, which has previously been provided to counsel forTerrelle Tyler, is granted. This order was read to Terrelle Tyler and a copy provided to Mr. Tyler and his counsel in open court on the date and year below shown as to defendant(s) Guy E. Allen, Christopher Mallett. Ordered by Senior Judge Richard G. Kopf. (AOA)
April 15, 2013
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ORDER - The Clerk of Court shall file the letter as a restricted document. 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 Probation Office as to defendant Guy E. Allen. Ordered by Senior Judge Richard G. Kopf. (AOA)
April 17, 2013
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Guy E. Allen. It is ordered that:... (2)There are no objections or motions that require resolution at sentencing.(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 Senior Judge Richard G. Kopf. (KLL, )
April 17, 2013
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Christopher Mallett. It is ordered that:... (2)There are no objections or motions that require resolution at sentencing.(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 Senior Judge Richard G. Kopf. (KLL, )
May 2, 2013
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ORDER - The party is permitted to proceed on appeal in forma pauperis as to defendant Guy E. Allen. Ordered by Senior Judge Richard G. Kopf. (Copy mailed todefense counsel) (AOA)
May 8, 2013
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ORDER regarding Notice of Appeal to USCA 260 as to defendant Christopher Mallett. The party is permitted to proceed on appeal in forma pauperis. Ordered by Senior Judge Richard G. Kopf. (AOA)
July 15, 2013
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MEMORANDUM AND ORDER denying the defendant's 292 Motion for Copies as to Guy E. Allen (1). Ordered by Senior Judge Richard G. Kopf. (Copies e-mailed to counsel for the government and defendant and mailed to pro se party)( MKR)
July 17, 2013
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ORDER - The letter treated as a motion (filing 294) is denied. The Clerk shall mail a copy of this order to the defendant as to Christopher Mallett (4). Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed)(AOA)
March 9, 2015
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ORDER as to defendant Guy E. Allen. The United States' Motion to Dismiss Forfeiture Allegation is hereby sustained. The Forfeiture Allegation of the Indictment is hereby dismissed. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM)(GJG)
April 28, 2015
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ORDER denying 309 Motion for Copies as to Christopher Mallett (4). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to defendant Christopher Mallett)(CCB)
July 22, 2015
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ORDER as to defendant Terrelle L. Tyler. I am in receipt of a report from the Probation Office indicating that the defendant is ineligible for a sentence reduction under Amendment 782. IT IS ORDERED that a sentence reduction under Amendment 782 is denied. Ordered by Senior Judge Richard G. Kopf. (Copy to defendant)(JAB)
August 6, 2015
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ORDER - A sentence reduction under Amendment 782 is denied as to defendant Cedric Williams. Ordered by Senior Judge Richard G. Kopf. (GJG)
August 19, 2015
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ORDER denying 315 Allen's Motion to Extend time to file Memorandum of Law except as to: Allen shall have until 10/29/15 to file his Memorandum of Law in the court file. The prison mail box rule will not be applied. The Memorandum of Law shall not add claims or expand upon the claims set forth in grounds one through four of the Motion Under 28 U.S.C. § 2255 (filing no. 316). The Memorandum of Law shall only address the law related to claims one through four. Failure to follow this directive may result in the Memorandum of Law being stricken or ignored. The Clerk is directed to mail a copy of this Order and filing no. 316 to Allen. Ordered by Senior Judge Richard G. Kopf. (Copy mailed as directed.)(CCB)
August 25, 2015
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MEMORANDUM AND ORDER as to defendant Christopher Mallett (4). Mallett's Motion to Vacate under 28 U.S.C. § 2255 (filing no. 317) is denied with prejudice. A separate judgment will be entered. The undersigned does not issue a certificate of appealability. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG) Civil Case 4:15-cv-03102-RGK closed.
September 3, 2015
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ORDER that a sentence reduction under Amendment 782 is denied as to defendant Guy E. Allen. Ordered by Senior Judge Richard G. Kopf. (CCB)
October 30, 2015
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ORDER that Allen's Motion for Extension of Time to File Memorandum of Law (filing no. 325) is denied, except as indicated below. Allen shall have until December 29, 2015, to file his Memorandum of Law in the court file. The prison mail box rule will not be applied. The Memorandum of Law shall not add claims or expand upon the claims set forth in grounds one through four of the Motion Under 28 U.S.C. § 2255 (filing no. 316). The Memorandum of Law shall only address the law related to claims one through four. Failure to follow this directive may result in the Memorandum of Law being stricken or ignored. To the extent Allen's motion (filing 325) also requests "my jail credit", it is denied. The Clerk shall mail a copy of this Order to Allen. My chambers shall call this matter to my attention on December 30, 2015 as to defendant Guy E. Allen. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
January 4, 2016
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ORDER that the defendant's motion to extend (filing no. 327) is denied. A copy of this order shall be mailed to the defendant at his last known address as to defendant Guy E. Allen. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
January 7, 2016
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MEMORANDUM AND ORDER that judgment will be entered for the United States of America and against Defendant Allen providing that he shall take nothing and theMotion to Vacate under 28 U.S.C. § 2255 (filing no. 316) is denied with prejudice. The undersigned does not issue a certificate of appealability. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC) Civil Case 4:15-cv-03101-RGK closed.
January 7, 2016
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JUDGMENT that judgment is entered for the United States of America and against Defendant Allen providing that he shall take nothing and the Motion to Vacate under 28 U.S.C. § 2255 (filing no. 316) is denied with prejudice. The undersigned does not issue a certificate of appealability as to defendant Guy E. Allen. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)
February 13, 2017
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ORDER that Defendant's Motion for Discovery Case File (Filing 335) is denied as to defendnant Christopher Mallett. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
October 10, 2017
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ORDER that Defendant's motion for copies (filing no. 339) is denied as to defendant Christopher Mallett. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)