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10-110 - USA v. Walden et al


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10-110 - USA v. Walden et al
January 24, 2011
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ORDER granting 81 Motion to adopt as to Willie Robert Gilbert Jr (5); and, granting 80 Motion to Continue as to Latara Jester (13). The Court finds that the Defendants have shown good cause to continue the motion filing deadline. Defendant Jesters motion to continue [Doc. 80] and Defendant Gilberts motionto adopt [Doc. 81] are GRANTED, and the motion-filing deadline is extended as to these two Defendants to February 3, 2011. A corresponding extension of the Governments response deadline would have any responses being filed after the pretrial conference on February 4, 2011, at 11:00 a.m. Accordingly, the Court will extend only the motion deadline at this time, and if any motions are filed, the Court will set a new response deadline at the pretrial conference. All other dates and deadlines shall remain the same. Signed by Magistrate Judge H Bruce Guyton on 1/24/2011. (DCP,)ORDER granting 81 Motion to adopt as to Willie Robert Gilbert Jr (5); and, granting 80 Motion to Continue as to Latara Jester (13). The Court finds that the Defendants have shown good cause to continue the motion filing deadline. Defendant Jesters motion to continue [Doc. 80] and Defendant Gilberts motionto adopt [Doc. 81] are GRANTED, and the motion-filing deadline is extended as to these two Defendants to February 3, 2011. A corresponding extension of the Governments response deadline would have any responses being filed after the pretrial conference on February 4, 2011, at 11:00 a.m. Accordingly, the Court will extend only the motion deadline at this time, and if any motions are filed, the Court will set a new response deadline at the pretrial conference. All other dates and deadlines shall remain the same. Signed by Magistrate Judge H Bruce Guyton on 1/24/2011. (DCP,)
September 26, 2011
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ORDER denying 210 Motion for Reconsideration of Release PendingSentencing as to Courtney Wayne Walden (7). Signed by District Judge Thomas A Varlan on September 26, 2011. (JAN, )
September 30, 2013
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MEMORANDUM as to Dorian Johnson: The motion to vacate, set aside or correct sentence will be DENIED as time-barred and this action will be DISMISSED. The Court will CERTIFY that any appeal from this action would not be taken in good faith and would be totally frivolous. See Rule 24 of the Federal Rules of Appellate Procedure. A certificate of appealability SHALL NOT ISSUE. 28 U.S.C. § 2253; Rule 22(b) of the Federal Rules of Appellate Procedure. The Court will further DENY petitioner leave to proceed in forma pauperis on appeal.AN APPROPRIATE ORDER WILL ENTER. Signed by Chief District Judge Thomas A Varlan on September 30, 2013. (JAN, )
September 30, 2013
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JUDGMENT ORDER for reasons more fully set forth in the Memorandum Opinion 410 denying 409 Motion to Vacate (2255) as to Dorian Johnson (8). Signed by Chief District Judge Thomas A Varlan on September 30, 2013. (JAN, ) Civil Case 3:13-cv-00573 closed. Modified on 9/30/2013 to note c/m to deft at Otisville (ADA).
November 7, 2013
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MEMORANDUM as to Courtney Wayne Walden re 416 MOTION to Vacate under 28 U.S.C. 2255 filed by Courtney Wayne Walden, 381 MOTION to Reduce Sentence filed by Courtney Wayne Walden. Signed by Chief District Judge Thomas A Varlan on November 7, 2013. (JAN, )
November 7, 2013
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JUDGMENT ORDER denying 381 Motion to Modify Sentence and 416 Motion to Vacate (2255) as to Courtney Wayne Walden (7) is DENIED WITHOUT PREJUDICE. Signed by Chief District Judge Thomas A Varlan on November 7, 2013. (JAN, ) Civil Case 3:13-cv-00647-TAV closed.
May 22, 2014
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ORDER denying 399 Motion to Reduce Sentence as to Bryan Douglas Walden (1). Signed by Chief District Judge Thomas A Varlan on May 21, 2014. (JAN, )(cm 5/22/14)
September 21, 2016
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MEMORANDUM OPINION as to Greg O'Neal. Signed by Chief District Judge Thomas A Varlan on 9/21/16. (c/m) (ABF)
December 1, 2016
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MEMORANDUM OPINION AND ORDER as to Willie Robert Gilbert Jr (5); This criminal case is before the Court on the defendants motions for a sentencereduction 447, 498. The defendant's motions 447, 498 are GRANTED, and the defendant's sentence is REDUCED to 103 months imprisonment. If this sentence is less than the amount of time the defendant has already served, the sentence shall be reduced to a "time served" sentence. U.S. Sentencing Guidelines Manual § 1B1.10(b)(2)(C). Except as otherwise provided in this order, all provisions of the judgment dated December 15, 2011 292, shall remain in effect. Signed by Chief District Judge Thomas A. Varlan on 12/1/16. (ADA)
December 29, 2016
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MEMORANDUM AND ORDER as to Curicio Sehale Hight (2): For these reasons, the defendants motion [Doc. 510] is GRANTED, and the defendants sentence is REDUCED to 120 months imprisonment. If this sentence is less than the amount of time the defendant has already served, the sentence shall be reduced to a time served sentence. U.S. Sentencing Guidelines Manual § 1B1.10(b)(2)(C). Except as otherwise provided in this order, all provisions of the judgment dated January 27, 2012 [Doc. 308], shall remain in effect. Signed by Chief District Judge Thomas A Varlan on December 29, 2016. (JAN, )
January 11, 2017
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REPORT AND RECOMMENDATIONS as to Shawn Smith: It is RECOMMENDED that the District Judge accept Petitioner Smiths Motion for withdrawal of his claim, and Smiths oral Motion to Withdraw all other claims and to dismiss the section 2255 motion 414 with prejudice. The Court also RECOMMENDS that no certificate of appealability issue for this case because Petitioner Smith is no longer pursuing his constitutional claims of the ineffective assistance of counsel. Signed by Magistrate Judge H Bruce Guyton on 1/11/17. (ABF)
January 30, 2017
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ORDER as to Shawn Smith: The Court ACCEPTS IN WHOLE the R&R 536. The Court accepts Petitioners withdrawal of his § 2255 motion in its entirety, the Motion to withdraw claim 534 is GRANTED, and the § 2255 motion 414, in it entirety, is hereby DISMISSED WITH PREJUDICE. The Court CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, this Court DENIES 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. The Clerk of Court is DIRECTED to CLOSE Case No. 3:13-CV-631. Signed by Chief District Judge Thomas A Varlan on 1/30/17. (ABF) Civil Case 3:13-cv-00631-TAV closed.