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94-276 - USA v. SWINT


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94-276 - USA v. SWINT
October 26, 2005
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MEMORANDUM AND ORDER DISMISSING WITHOUT PREJUDICE 306 PRO-SE RULE 60(b) MOTION SEEKING MODIFICATION OF MEMO&ORDER OF 7/17/00. IT IS FURHTER ORDERED THAT A CERTIFICATE OF APPEALABILITY WILL NOT ISSUE ON THE GROUND THAT PETITIONER HAS NOT MADE A SUBSTANTIAL SHOWING OF A DENIAL OF A CONSTITUTIONAL RIGHT.. Signed by Judge JAN E. DUBOIS on 10/25/05.(Attachments: # (1) ORDER)10/27/05 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(jh, )
February 5, 2008
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MEMORANDUM AND ORDER AS TO NATE SWINT THAT DEFT'S 'MOTION FOR RELIEF FROM THE 7/17/00, MEMORANDUM AND ORDER DUE TO FRAUD ON THE COURT BY THE GOVT. ARGUABLY RELATED AS THE INTERPOSITION OF MOVANT'S EXERCISE OF HIS STATUTORY RIGHT TO SUE FOR HIS LIBERTY UNDER 28:2255, WITH A REQUEST FOR AN EVIDENTIARY HEARING(DOC. # 376) IS DENIED. DEFT'S REQUESTS FOR A WRIT OF ERROR CORUM NOBIS, WRIT OF AUDITA QUERELA, APPOINTMENT OF COUNSEL AND FURTHER BRIEFING ARE ALSO DENIED. THE 'MOTION FOR LEAVE TO SUPPLEMENT FACTS FRAUDULENTLY CONCEALED BY THE GOVT. DURING MOVANT'S 28:2255 PROCEEDING, WITH A REQUEST FOR AN EVIDENTIARY HEARING(DOC. # 377) IS DENIED. THE 'MOTION TO SUPPLEMENT MOVANT'S 28:2255 MOTION FOR DOCUMENTAL FACTS IN SUPPORT OF HIS MOTION FOR DISCOVERY DURING HIS 2255 PROCEEDING DENIED FOR LACK OF GOOD CAUSE CONCEALED BY THE GOVT., WITH A REQUEST FOR AN EVIDENTIARY HEARING(DOC. # 379) TO THE EXTENT THAT IT IS A SECOND OR SUCCESIVE HABEAS MOTION, IS DISMISSED WITHOUT PREJUDICE. IN ALL OTHER RESPECTS, THIS MOTION IS DENIED. THE 'MOTION TO CORRECT THIS COURT'S JUDGMENT ISSUED 9/20/96, AND ENTERED 9/24/96, DUE TO A MISTAKE RECENTLY RECOGNIZED IN UNITED STATE V. FISHER, WITH A REQUEST FOR AN EVIDENTIARY HEARING'(DOC. # 378) IS DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED THAT CERTIFICATES OF APPEALABILITY WILL NOT ISSUE WITH RESPECT TO ANY OF THESE MOTIONS, ON THE GROUND THAT THE DEFT. HAS NOT MADE A SUBSTANTIAL SHOWING OF A DENIAL OF A CONSTITUTIONAL RIGHT AS REQUIRED BY 28:2253(c).. Signed by HONORABLE JAN E. DUBOIS on 2/1/08.2/5/08 Entered and Copies Mailed, E-Mailed and Faxed by Chambers. (jh, )
August 11, 2008
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ORDER AND MEMORANDUM AS TO NATE SWINT THAT THE 'MOTION TO MAKE ADDITIONAL FINDINGS OF FACT AS TO THE APPLICABLE RULE OF LAW GOVERNING 'FRAUD ON THE COURT' AS OPPOSE(sic) TO A 'GRAVE MISCARRIAGE OF JUSTICE'(DOC. # 383) IS DENIED. THE 'MOTION TO MODIFY AN IMPOSED TERM OF IMPRISONMENT PURSUANT TO 18:3582(c)(1)(B)(DOC. # 384) AS SUPPLEMENTED BY DOCS. NOS. 387, 388 AND 389, IS DENIED. THE 'MOTION FOR APPOINTMENT OF COUNSEL(DOC. # 385) IS DENIED. THE HABEAS CORPUS MOTION UNDER 28:2255(DOC. # 386) IS DISMISSED WITHOUT PREJUDICE. THE 'LETTER/MOTION FOR LEAVE TO SUPPLEMENT AND SUPPLEMENT MOVANT'S 18:3582(C)(1)(B)(DOC. # 387) TO THE EXTENT ONLY THAT IT SEEKS TO SUPPLEMENT DEFT'S MOTION TO MODIFY IS GRANTED. TO THE EXTENT THIS LETTER/MOTION SEEKS FURTHER RELIEF FROM THE COURT, IT IS DENIED. THE 'LETTER MOTION FOR LEAVE TO SUPPLEMENT MOVANT'S 18:3582(c)(10(B)(DOC. # 388) TO THE EXTENT ONLY THAT IT SEEKS TO SUPPLEMENT DEFT'S MOTION TO MODIFY IS GRANTED. TO THE EXTENT THIS LETTER/MOTION SEEKS FURTHER RELIEF FROM THE COURT IT IS DENIED. THE 'LETTER/MOTION IN LIGHT OF BURGESS V. UNITED STATES (DOC. # 389) TO THE EXTENT ONLY THAT IT SEEKS TO SUPPLEMENT DEFT'S 'MOTION TO MODIFY' IS GRANTED. TO THE EXTENT THIS LETTER/MOTION SEEKS FURTHER RELIEF FROM THE COURT, IT IS DENIED.. Signed by HONORABLE JAN E. DUBOIS on 8/11/08.8/12/08 Entered and Copies Mailed, E-Mailed and Faxed by Chambers. (jh, )