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01-4117 - Aguiar v. United States of America


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01-4117 - Aguiar v. United States of America
April 29, 2005
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n 4/27/05. c/m by chambers(Fernandez, Erica)ORDER: Petitioner's Rule 59 (e) Motion for Reconsideration is GRANTED due to the timeliness of Petitioner's initial 2255 motion. The Clerk of Court is directed to reopen the above-captioned matter . Ordered by Judge Sterling Johnson Jr. o
April 29, 2005
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ORDER: The Court directs Todd M. Merer, Esq., Petitioner's trial counsel, to file an affidavit addressing each of Petitioner's ineffectiveness claims within thirty (30) days of the date of this Order . Ordered by Judge Sterling Johnson Jr. on 4/27/05. c/m by chambers(Fernandez, Erica)
July 3, 2007
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MEMORANDUM AND ORDER dated 7/2/07 that petitioner's 2255 motion is denied in part. The Court shall conduct an evidentiary hearing on the one remaining issue. ( Ordered by Judge Sterling Johnson Jr. on 7/2/07 ) (Guzzi, Roseann)
April 16, 2010
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MEMORANDUM AND ORDER [on 2255 Motion to Vacate, Set Aside or Correct Sentence]: For the foregoing reasons, the Motion to Amend, the Motion for Recusal, and the Motion for Reconsideration are all DENIED in their entirety. The remaining claim of the Petition, that Petitioner received ineffective assistance of counsel with respect to his sentencing exposure, is DENIED. All of Petitioner's remaining claims are without merit and are therefore likewise denied. Because Petitioner has failed to make a substantial showing of the denial of a constitutional right, a Certificate of Appealability will not issue. The clerk of Court is directed to close this case. SO ORDERED. (Ordered by Senior Judge Sterling Johnson, Jr. on 4/9/2010) C/mailed w/appeals packet. (Latka-Mucha, Wieslawa)
November 8, 2011
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MEMORANDUM AND ORDER: All of Petitioner's outstanding motions - Docket Entries 124, 127, 135, 142, 145 and 147 - are all DENIED in their entirety. Any remaining claims are equally without merit and are therefore likewise denied. Petitioner is further instructed to not file any more frivolous motions. He is advised that the flouting of this directive may result in the issuance of an order to cause as to why a leave-to-file sanction order should not issue, and possibly sanctions. SO ORDERED by Senior Judge Sterling Johnson, Jr. on 11/4/2011. C/mailed to Petitioner via first class mail. (Latka-Mucha, Wieslawa)
March 11, 2016
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MEMORANDUM AND ORDER, Petitioner has filed multiple motions and appeals but cannot demonstrate circumstances, extraordinary or otherwise, that warrant relief under FRCP 59(e)or 60(b). Petitioner's repetitive motions have been thoroughly considered and again are without merit, therefore, Petitioner's 154 Motion to Vacate and 155 Motion for Leave to File Amended Motion for Relief of Judgment are DENIED. (Ordered by Judge Sterling Johnson, Jr on 3/11/2016) c/m (Galeano, Sonia)
September 16, 2016
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MEMORANDUM AND ORDER, Petitioner has filed multiple motions and appeals but cannot demonstrate circumstances, extraordinary or otherwise, that warrant relief under FRCP 59(e) or 60(b). Petitioner's repetitive motions have been thoroughly considered and again are without merit, therefore, Petitioner's motions are DENIED. Further, the Court will not issue a Certificate of Appealability because Petitioner has not made a substantial showing of the denial of a constitutional right. (Ordered by Janet Hamilton, Deputy Clerk on 9/16/2016) c/m (Galeano, Sonia)