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95-264 - USA v. Garcia et al


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95-264 - USA v. Garcia et al
May 31, 2016
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should deny the Application to Proceed In Forma Pauperis [Dkt. No.947] and certify pursuant to 28 U.S.C. § 1915(a)(3) that Defendant's appeal is not taken in good faith. (Ordered by Magistrate Judge David L Horan on 5/31/2016) (mcrd)
June 23, 2016
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ORDER ACCEPTING 971 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND DENYING 947 LEAVE TO APPEAL IN FORMA PAUPERIS as to Jose Paz Garcia: The United States Magistrate Judge made Findings, Conclusions, and a Recommendation in this case. No objections were filed. The District Court reviewed the proposed Findings, Conclusions, and Recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. Under Fed. R. App. P. 24(a)(3)(A) and 28 U.S.C. § 1915(a)(3), and for the reasons stated in the magistrate judge's findings, conclusions, and recommendation, the Court CERTIFIES that this appeal is not taken in good faith. (Ordered by Chief Judge Barbara M.G. Lynn on 6/23/2016) (bdb)
September 19, 2016
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Memorandum Opinion and Order as to Anthony Harrison Bell: The Court GRANTS the Unopposed Motion for Leave to Withdraw as Counsel of Record [Dkt. No. 986] and the Motion to Appoint Counsel [Dkt. No. 990] and DENIES the Motion to Substitute Counsel [Dkt. No. 993]. Jeremy B. Gordon and Zachary Newland are granted leave to withdraw as counsel for Defendant Anthony Harrison Bell and are discharged from any further responsibilities in this case and that Douglas C. Greene is substituted as retained counsel. The Court appoints Darren Hatch, pursuant to Title 18, United States Code, Section 3006A, to represent Defendant Anthony Harrison Bell going forward. (Ordered by Magistrate Judge David L Horan on 9/19/2016) (axm)
September 19, 2016
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Amended Memorandum Opinion and Order as to Anthony Harrison Bell: The Court GRANTS the Unopposed Motion for Leave to Withdraw as Counsel of Record [Dkt. No. 986] and the Motion to Appoint Counsel [Dkt. No. 990] and DENIES the Motion to Substitute Counsel [Dkt. No. 993]. Jeremy B. Gordon and Zachary Newland are granted leave to withdraw as counsel for Defendant Anthony Harrison Bell and are discharged from any further responsibilities in this case and that The Court appoints Darren Hatch, pursuant to Title 18, United States Code, Section 3006A, to represent Defendant Anthony Harrison Bell going forward. (Ordered by Magistrate Judge David L Horan on 9/19/2016) (axm)
February 6, 2017
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should deny the 1007 Motion to Reopen filed under Rule 60(b). The Court also should direct the Clerk of the Court to open for statistical purposes a new Section 2255 case (nature of suit 510 directly assigned, per Special Order 3-250, to Chief Judge Barbara M. G. Lynn and United States Magistrate Judge David L. Horan) and to close the same on the basis of any order accepting this recommendation. (Ordered by Magistrate Judge David L. Horan on 2/6/2017) (twd)
March 3, 2017
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ORDER ACCEPTING 1014 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re: 1007 Motion to Reopen. To the extent that the Motion to Reopen is substantive, the Court construes it as an unauthorized successive 28 U.S. C. § 2255 motion to vacate and therefore it is DENIED without prejudice to Defendant's right to seek authorization from the United States Court of Appeals for the Fifth Circuit to file such a motion and, to the extent that the motion is truly one under Federal Rule of Civil Procedure 60(b), the Court DENIES the motion. The Court further DIRECTS the Clerk of the Court to open for statistical purposes a new Section 2255 case and to close the same on the basis of this order. Civil case 3:17-cv-0630-M opened. (Ordered by Chief Judge Barbara M.G. Lynn on 3/3/2017) (axm)