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05-127 - USA v. McGraw


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05-127 - USA v. McGraw
November 17, 2005
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ORDER ON DISCOVERY AND SCHEDULING as to Andre McGraw. Signed by Judge C Clifford Shirley on November 17, 2005. (CRS)
November 17, 2005
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ORDER OF DETENTION PENDING TRIAL as to Andre McGraw. Signed by Judge C Clifford Shirley on November 17, 2005. (CRS)
December 22, 2005
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PRETRIAL ORDER as to Andre McGraw with jury trial scheduled on January 25, 2006, at 9:00 a.m. before the Honorable Thomas A. Varlan. Signed by Judge C Clifford Shirley on December 22, 2005. (CRS)
April 13, 2006
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MEMORANDUM AND ORDER granting 28 Motion to Withdraw as Attorney with James W. Bell appointed as CJA counsel in place of Robert Kurtz; granting 31 Motion to Continue as to Andre McGraw (1) with the trial of this case continued to August 15, 2006, at 9:00 a.m., before the Honorable Thomas A. Varlan, Suppression/Motion hearing scheduled for May 25, 2006, at 9:30 a.m., before the Honorable C. Clifford Shirley, Jr., all time between April 13, 2006, and the new trial date of August 15, 2006 is hereby deemed excludable pursuant to the Speedy Trial Act. Signed by Judge C Clifford Shirley on April 13, 2006. (CRS)
May 2, 2006
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MEMORANDUM AND ORDER granting in part and denying in part 36 Motion for Leave to File as to Andre McGraw (1); granting in part and denying in part 38 Motion to Amend/Correct as to Andre McGraw (1); motions are granted to the extent counsel shall have leave to file the 9 motions specifically referred therein but denied to the extent they requst a generalized leave to file additional motions; government's responses are due May 12, 2006; all other dates shall remain the same including the May 25, 2006 date for the Suppression hearing. Signed by Judge C Clifford Shirley on May 2, 2006. (CRS)
June 8, 2006
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MEMORANDUM and ORDER denying as moot 40 Motion for Disclosure re Exculpatory as to Andre McGraw (1); denying as moot 41 Motion for Disclosure re Photographis Lineup as to Andre McGraw (1); denying 43 Motion for Disclosure re Major Incident File as to Andre McGraw (1); denying 45 Motion for Disclosure re Agents Rough Notes as to Andre McGraw (1); denying 47 Motion for Disclosure re Evidence Arguably Subject to Suppression as to Andre McGraw (1); denying 49 Motion for Disclosure re Rule 404(B) as to Andre McGraw (1); finding as moot 51 Motion for Disclosure re Expoert Information as to Andre McGraw (1); denying 53 Motion for Disclosure as re Jencks to Andre McGraw (1); finding as moot 54 Motion for Release of Brady Materials as to Andre McGraw (1). Signed by Judge C Clifford Shirley on 06/08/06. (NGW)
June 19, 2006
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MEMORANDUM AND ORDER granting [64-1] Motion to Amend/Correct as to Andre McGraw (1). Accordingly, the Court orders that the requested revisions [Doc. 64-2] be incorporated into the Memorandum in Support of Motion to Suppress Evidence Obtained at Apartment 285G Morningside Apartments. Signed by Judge C Clifford Shirley on June 19, 2006. (CRS)
July 5, 2006
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MEMORANDUM AND ORDER denying 71 Motion to Withdraw as Attorney as to Andre McGraw (1) and denying 72 Motion for Psychiatric Exam as to Andre McGraw (1). Signed by Judge C Clifford Shirley on July 5, 2006. (CRS)
August 11, 2006
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REPORT AND RECOMMENDATIONS as to Andre McGraw re 57 MOTION to Suppress Evidence Obtained at Apartment 285G Morningside Apartments and 30 MOTION to Suppress; for the reasons stated in this Report and Recommendations, the Court respectfully recommends that the motions be DENIED. Signed by Judge C Clifford Shirley on August 11, 2006. (CRS)
August 16, 2006
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PRETRIAL ORDER as to Andre McGraw. Signed by Judge C Clifford Shirley on August 16, 2006. (CRS)
October 27, 2006
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MEMORANDUM AND ORDER denying 30 Motion to Suppress as to Andre McGraw (1); denying 57 Motion to Suppress as to Andre McGraw (1); adopting Report and Recommendations 91. Signed by Judge Thomas A Varlan on 10/27/06. (JAN)
November 9, 2006
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MEMORANDUM AND ORDER denying 86 OBJECTIONS TO MAGISTRATE JUDGE'S ORDER denying Motion for Psychiatric Evaluation as to Andre McGraw (1). Signed by Judge Thomas A Varlan on 11/6/06. (JAN, )
April 24, 2007
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MEMORANDUM AND ORDER granting 112 Motion to Withdraw as Attorney by James A.H. Bell and substituting as counsel Gerald Gulley as to Andre McGraw (1); finding as moot 117 Motion to Appoint Counsel as to Andre McGraw (1). Signed by Judge C Clifford Shirley on April 24, 2007. (CRS)
January 19, 2017
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MEMORANDUM OPINION as to Andre McGraw: the § 2255 motion 131 will be DENIED and DISMISSED WITH PREJUDICE. The Court will CERTIFY any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, this Court will DENY Petitioner leave to proceed in forma pauperis on appeal. Petitioner having failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability SHALL NOT ISSUE. Signed by Chief District Judge Thomas A Varlan on January 19, 2017. c/m (AYB)
January 19, 2017
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JUDGMENT ORDER as to Andre McGraw (1): Petitioner's § 2255 motion 131 is DENIED and DISMISSED WITH PREJUDICE. If Petitioner files a notice of appeal from this judgment, such notice of appeal will be treated as an application for a certificate of appealability, which is DENIED pursuant to 28 U.S.C. § 2253(c)(2) and Fed. R. App. P. 22(b) because he has failed to make a substantial showing of the denial of a federal constitutional right. The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24 that any such appeal from this judgment would be frivolous and not taken in good faith. Signed by Chief District Judge Thomas A Varlan on January 19, 2017. c/m (AYB) Civil Case 3:17-cv-00005-TAV closed.