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12-3034 - USA v. Bailey


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12-3034 - USA v. Bailey
March 23, 2012
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ORDER APPOINTING COUNSEL as to defendant Brent Bailey. 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)
March 23, 2012
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ORDER of Detention pending trial as to defendant Brent Bailey. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
July 31, 2012
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ORDER granting 29 Motion for Preliminary Forfeiture as to Brent Bailey (1). Ordered by Judge John M. Gerrard. (1 Certified copy to USM)(JAB)
September 6, 2012
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Brent Bailey. The defendant's motion for variance (filing 33) will be resolved at the sentencing hearing. Unless otherwise ordered, any objection challenging these tentative findings shall be resolved at sentencing. Ordered by Judge John M. Gerrard. (ADB)
September 20, 2012
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JUDGMENT as to Brent Bailey (1), Count 1 - Defendant pleaded guilty to count I of the Indictment and is committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of one hundred fifty-six (156) months; Defendant should be given credit for time served. Defendant was arrested on 12/21/11 and came into federal custody on 3/23/12; supervised release with special conditions for a term of life; $100.00 special assessment. Count II of the Indictment is dismissed on the motion of the United States as to this defendant only as to defendant Brent Bailey. Ordered by Judge John M. Gerrard. (4 Certified copies to USM)(ADB, )
October 25, 2012
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FINAL ORDER OF FORFEITURE granting 48 Motion for Final Forfeiture as to Brent Bailey (1). All right, title, and interest in and to the following property, held by any person or entity, are hereby forever barred and foreclosed: One Dell Desktop computer, Service Tag HHSYPN1, containing one Seagate 500 GB hard drive, serial number 5VMHYBZS. The property described above shall be, and the same are, hereby forfeited to the United States of America. The United States is directed to dispose of the above property in accordance with law. Ordered by Judge John M. Gerrard. (1 Certified copy to USM)( ADB )
October 18, 2013
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MEMORANDUM AND ORDER that the Clerk of the Court shall redesignate filing 50 as a § 2255 motion, and accordingly, shall not (at this time) process an appeal to the United States Court of Appeals for the Eighth Circuit on the basis of Bailey's purported notice of appeal. As stated above, on or before November 20, 2013, Bailey shall either: a. inform the Court that he wishes to proceed with his motion as submitted, and construed as a § 2255 motion; b. inform the Court that he wishes to proceed with his filing as a notice of appeal only; c. withdraw the current motion; or d. submit an amended motion. The Clerk of the Court is directed to set a case management deadline with the following text: November 20, 2013: Check for Bailey's response regarding conversion to § 2255 as to defendant Brent Bailey. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party with a 2255 Motion Form)(ADB)
December 19, 2013
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MEMORANDUM AND ORDER as to defendant Brent Bailey (1). Bailey's § 2255 motion (filing 50 as amended by filing 55) is dismissed. A separate judgment will be entered. The Clerk is directed to mail a copy of this memorandum and order to Bailey at his last known address. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
September 16, 2014
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MEMORANDUM AND ORDER that the Court finds that Bailey is not entitled to proceed in forma pauperis on appeal. Bailey's motion to proceed in forma pauperis 59 is denied. The Clerk of the Court is directed to forward a copy of this memorandum and order to the Court of Appeals for the Eighth Circuit, and to mail a copy to the defendant at his address of record. Bailey's motion to appoint counsel and motion for a bond 60 and 61 are denied as moot as to Brent Bailey (1). Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and as directed) (JSF)
October 30, 2014
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MEMORANDUM and ORDER denying as moot, 66 Motion to Extend as to Brent Bailey; denying as moot, 67 Motion for Leave to Appeal In Forma Pauperis as to Brent Bailey. The Clerk of the Court is directed to mail filings 66, 67, and 68 to Eighth Circuit Court of Appeals, along with a copy of this memorandum and order. The Clerk of the Court is also directed to mail a copy of this memorandum and order to the defendant at this address of record. The defendant's motions (filings 66 and 67) are denied as moot. Ordered by Judge John M. Gerrard. (Copies mailed as directed)(SLP)
March 11, 2015
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MEMORANDUM AND ORDER as to defendant Brent Bailey. Bailey's motion for copies (filing 70) is denied. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
June 22, 2015
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MEMORANDUM AND ORDER that Bailey's Motion to Disqualify 80 is denied. Bailey's Motion to Extend Time to File Notice of Appeal 85 is denied. The Court finds that Bailey is not entitled to proceed in forma pauperis on appeal. Bailey's Renewed Motion for Leave to Appeal As Pauper 83 is denied. Bailey's request for a transcript 88 is denied. Bailey's Motion for Return of Seized Property and For Suppression of Evidence 87 is denied as moot in part and denied in part, as set forth above. Bailey's remaining motions 74, 76, 77, 78, 79, 84, 86, and 90 are denied as moot. The Clerk of the Court is directed to forward a copy of this Memorandum and Order to the Court of Appeals for the Eighth Circuit, and to mail a copy to the defendant at his address of record as to Brent Bailey (1). Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and as directed) (JSF)
August 28, 2015
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MEMORANDUM AND ORDER denying 102 Motion for Leave to File New 2255 as to Brent Bailey. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (KMG)
December 16, 2015
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MEMORANDUM AND ORDER that Bailey's Motion to Compel (filing 105) is denied. Bailey's Motion to Clarify and Expand on Judicial Recommendation (filing 108) is denied. Bailey's Motion to Appoint Counsel (filing 110) is denied. Bailey's Motion for Mental Health Commitment (filing 111) is denied. Bailey's Motion to Compel (filing 112) is denied. Bailey's Motion to Compel (filing 113) is denied. Bailey's Motion for Acquittal (filing 118) is denied. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (LAC)
April 6, 2016
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MEMORANDUM AND ORDER that Bailey's motion for "speedy disposition" (filing 123) is granted. Bailey's motion to disqualify (filing 124) is denied. Bailey's motion to appoint counsel (filing 125) is denied. Bailey's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (filing 126) is dismissed. Bailey's motion for return of property and suppression of evidence (filing 127) is denied. Bailey's motion for acquittal (filing 128) is denied. Bailey's motion to compel the United States Marshal to jail him near Lincoln (filing 129) is denied. Bailey's motion for a "certificate of innocence" (filing 130) is denied. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (LAC)
May 3, 2016
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ORDER that the defendant's appeal is not taken in good faith, and he is not entitled to proceed in forma pauperis on appeal. The Clerk of the Court is directed to forward a copy of this order to the Eighth Circuit Court of Appeals as to defendant Brent Bailey. Ordered by Judge John M. Gerrard. (Copies mailed as directed) (LAC)
May 9, 2016
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MEMORANDUM AND ORDER that the defendant's motion for copies (filing 133) is granted. The Clerk of the Court shall send the defendant a copy of his presentence investigation report (filing 42). The Clerk of the Court shall retain the defendant's $5.00 payment as payment in full for the presentence report as to defendant Brent Bailey. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(LAC)
April 4, 2017
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ORDER that the Clerk of the Court shall forward the defendant's appeal to the Eighth Circuit Court of Appeals. The defendant's appeal is not taken in good faith, and he is not entitled to proceed in forma pauperis on appeal. The Clerk of the Court is directed to forward a copy of this order to the Eighth Circuit Court of Appeals as to defendant Brent Bailey. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (LAC)
October 18, 2017
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MEMORANDUM AND ORDER that Bailey's "Motion to Correct Clerical Error" (filing 177) is denied. Bailey's "Motion for En Banc Evidentiary Hearing" (filing 178) is denied. Bailey's "Motion for Appointment of Counsel" (filing 179) is denied. Bailey's "Application for Certificate of Appealability" (filing 180) is denied as to defendant Brent Bailey. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (LAC)
November 7, 2017
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ORDER defendant's appeal is not taken in good faith, and he is not entitled to proceed in forma pauperis on appeal. The Clerk of the Court is directed to forward a copy of this order to the Eighth Circuit Court of Appeals as to defendant Brent Bailey. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (LAC)
November 28, 2017
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ORDER that the defendant's motion for discharge of his filing fees (filing 189) is denied as to defendant Brent Bailey. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (LAC)
March 23, 2018
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ORDER that the Clerk of the Court shall forward the defendant's appeal to the Eighth Circuit Court of Appeals. The defendant's motion to proceed in forma pauperis on appeal (filing 194) is denied. The defendant's request for appointment of counsel is denied. The Clerk of the Court is directed to forward a copy of this order to the Eighth Circuit Court of Appeals as to defendant Brent Bailey. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (LAC)
July 2, 2018
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ORDER that the Clerk of the Court shall forward the defendant's appeal to the Eighth Circuit Court of Appeals. The defendant's motion to proceed in forma pauperis on appeal (filing 201) is denied. The Clerk of the Court is directed to forward a copy of this order to the Eighth Circuit Court of Appeals as to defendant Brent Bailey. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and as directed)(LAC)