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16-1188 - Denman v. USA


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16-1188 - Denman v. USA
June 15, 2016
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: It is recommended that the motion to vacate sentence under 28 U.S.C. § 2255 be summarily DISMISSED WITH PREJUDICE as barred by the one-year statute of limitations. (Ordered by Magistrate Judge Renee Harris Toliver on 6/15/2016) (mcrd)
July 11, 2016
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ORDER ACCEPTING 3 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: It is therefore ORDERED that the motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence is summarily DISMISSED with prejudice as barred by the one-year statute of limitations. Considering the record in this case and pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing Sections 2254 and 2255 Proceedings in the United States District Court, and 28 U.S.C. § 2253(c), the court DENIES a certificate of appealability. (Ordered by Senior Judge A. Joe Fish on 7/11/2016) (bdb)
April 13, 2017
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FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: It is recommended that the motion for reconsideration under FED. R. CIV. P. 60(b) be CONSTRUED as a successive motion to vacate sentence under 28 U.S.C. § 2255, and that it be TRANSFERRED to the United States Court of Appeals for the Fifth Circuit. (Ordered by Magistrate Judge Renee Harris Toliver on 4/13/2017) (sss)
May 1, 2017
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tion. Civil case 3:17-cv-1144-G opened. (Ordered by Senior Judge A. Joe Fish on 5/1/2017) (axm)ORDER ACCEPTING 15 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The 13 motion for reconsideration under FED. R. CIV. P. 60(b) is CONSTRUED as a successive motion to vacate sentence under 28 U.S.C. § 2255 and that it is TRANSFERRED to the United States Court of Appeals for the Fifth Circuit. The Clerk of the Court is DIRECTED to OPEN and CLOSE, for administrative purposes, a new civil action based on the finding that the Rule 60(b) motion is a successive applica