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04-269 - USA v. Garza


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04-269 - USA v. Garza
September 5, 2013
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ORDER denying 52 Motion as to Sergio Eliud Garza (1).(Signed by Judge Janis Graham Jack.) The Clerk is instructed to send Garza forms to file a petition pursuant to 28 USC 2241. Parties notified.(mserpa, 2)
February 4, 2015
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ORDER denying 77 Motion to Alter Judgment as to Sergio Eliud Garza (1). Garza's motion (D.E. 77) is DISMISSED as second or successive, additionally, he is DENIED a Certificate of Appealability.(Signed by Judge Janis Graham Jack.) Parties notified.(mserpa, 2)
January 14, 2016
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ORDER dismissing as second or successive 90 Motion to Vacate (2255) as to Sergio Eliud Garza (1). Additionally, he is DENIED a Certificate of Appealability. Garza is further advised that sanctions may apply to any further filing that does not comply with the § 2255 Rules. This is the third time that Garza's motions have been dismissed as second or successive. No further such motions are permitted unless Garza complies with the requirement that he obtain a certificate from the Fifth Circuit before filing. Garza is subject to sanctions should he continue to ignore the rules applicable to such filings.(Signed by Judge Janis Graham Jack.) Parties notified.(mserpa, 2)
January 23, 2017
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ORDER denying 97 LETTER MOTION to Vacate as to Sergio Eliud Garza but he is GRANTED a Certificate of Appealability on the single issue of whether a conviction pursuant to § 29.02(a)(2) requires the use of or threatened use of force as set out in 18 USC § 924(e)(2)(B)(I) (1); granting 98 Motion for Default Judgment Sergio Eliud Garza as to Sergio Eliud Garza (1).(Signed by Judge Janis Graham Jack.) Parties notified.(mserpa, 2)