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04-013 - United States of America v. Waller et al

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04-013 - United States of America v. Waller et al
February 26, 2010
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Memorandum & Order For the reasons stated in the Order, Waller's Motion for Leave to Amend his § 2255 Petition (Doc. 317) is granted, his Motion for Stay and Abeyance (Case No. 1:08cv936, Doc. 2) is denied as moot, his Motions for Evidentiary Hearings (Docs. 327 and Case No. 1:08cv936 Doc, 3) are denied, and his Motion to Vacate Under 28 U.S.C. § 2255 (Doc. 313) is denied. Waller's case, therefore is dismissed. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith as to any claims except Waller's Confrontation Clause claim in his seventh claim for relief. The Court issues a Certificate of Appealability with respect to Claim Seven of Waller's § 2255 Motion. Signed by Judge Kathleen M. O'Malley on 2/26/10. (K,K)
June 8, 2011
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Memorandum Opinion denying 315 Motion to Vacate (2255) as to Gary Dee Ervin (2). Judge Donald C. Nugent (C,KA) Civil Case 1:08-cv-01092-DCN closed.
May 23, 2013
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Memorandum Opinion denying motion to vacate and reinstate judgment 347 as to Gary Dee Ervin (2). The Court declines to issue a certificate of appealability. Judge Donald C. Nugent (C,KA)
February 15, 2017
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Memorandum Opinion and Order denying 354 defendant's Motion to Vacate under Rule 60(b)(4)as to Aubrey A. Waller (1). Judge Donald C. Nugent 2/14/17 (C,KA)