Nathan Nwobi v. United States of America
| Nathan Nwobi |
| United States of America |
| James W Spertus |
| 2:2014cv05266 |
| February 17, 2015 |
| US District Court for the Central District of California |
| George H King |
| Prisoner: Vacate Sentence |
| 28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentence |
| None |
Docket Report
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Filing 45
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #43 filed by Nathan Nwobi. CCA # 15-56214. The request for a certificate of appealability is denied because appellant has not made a substantial showing of the denial of a constitutional right. (mat)
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| Filing 44 NOTIFICATION by Circuit Court of Appellate Docket Number 15-56214, 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals, #43 as to plaintiff Nathan Nwobi. (mat) |
| Filing 43 NOTICE OF APPEAL to the 9th CCA filed by Petitioner/Defendant Nathan Nwobi. Appeal of Order,,, Terminated Case,, #42 (Appeal fee of $505 receipt number 0973-16226406 paid.) (Attachments: #1 Appendix Order Denying 2255 Motion, #2 Supplement Prrof of service)(Coleman, Benjamin) |
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Filing 42
ORDER DENYING MOTION PURSUANT TO 28 U.S.C. 2255 #1 , #37 by Judge George H. King. In light of the foregoing, Defendants Motion is DENIED. Defendant's request for an evidentiary hearing to further develop the facts that support his Motion is likewise DENIED because "the motion and the files and records of the case conclusively show that [Defendant] is entitled to no relief." See 28 U.S.C. 2255(b). We conclude that Defendant has not made the requisite showing of denial of his constitutional rights. Accordingly, certificate of appealability is DENIED. IT IS SO ORDERED. (Made JS-6. Case Terminated.) (lom)
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| Filing 41 Notice of Appearance or Withdrawal of Counsel: for attorney Scott Paetty counsel for Respondent United States of America. Adding SCOTT PAETTY as counsel of record for UNITED STATES OF AMERICA for the reason indicated in the G-123 Notice. Filed by PLAINTIFF SCOTT PAETTY. (Attorney Scott Paetty added to party United States of America(pty:res))(Paetty, Scott) |
| Filing 40 REPLY support Section 2255 Motion filed by Petitioner Nathan Nwobi. (Coleman, Benjamin) |
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Filing 39
ORDER by Judge George H. King: GRANTING #38 Ex-Parte Application for Extension of Time to File. NOTE CHANGES MADE BY THE COURT. (Please see attached document for further details.) (dgon)
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| Filing 38 First EXPARTE APPLICATION for Extension of Time to File Response to AMENDED Motion Pursuant to 28 USC 2255 filed by Respondent United States of America. (Attachments: #1 Proposed Order)(Jones, Terrence) |
| Filing 37 MOTION to Vacate, Set Aside, or Correct Sentence, Pursuant to 28 USC 2255 in Criminal Case No. 10cr952, filed by Petitioner Nathan Nwobi. (Attachments: #1 Memorandum, #2 Exhibit T)(Coleman, Benjamin) |
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Filing 36
MINUTES (IN CHAMBERS): Order Re: Joint Application to Grant Leave to File a Supplemental Memorandum and for Extension of Time to File Opposition #34 by Judge George H. King. On January 20, 2015, the Parties filed the above-captioned application #34 . Petitioner is hereby ORDERED to file an Amended 2255 Motion ("Amended Motion") and supporting memorandum within fourteen days hereof. Upon filing, the Amended Motion and memorandum shall be deemed as superseding the original Motion and memorandum in this action, as well as Petitioners' Supplemental Memorandum submitted on January 29, 2015. (Dkt. #35 .) The Government SHALL file a response to the Amended Motion by April 30, 2015. IT IS SO ORDERED. (lom)
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| Filing 35 SUPPLEMENT Memorandum in Support of 28 U.S.C. 2255 Motion filed by Petitioner Nathan Nwobi. (Coleman, Benjamin) |
| Filing 34 APPLICATION for Leave to File supplemental memorandum , APPLICATION for Extend Time to File Answer to 4/9/2015 filed by petitioner Nathan Nwobi. (Attachments: #1 Proposed Order)(Coleman, Benjamin) |
| Filing 33 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Minutes (IN CHAMBERS) Order #32 was erroneously filed in this case. The correct case should read: CV 14-2566 DMG (PLA). PLEASE DISREGARD IN ITS ENTIRETY. (es) |
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Filing 32
**SEE DOCKET ENTRY #33 FOR NOTATION** (IN CHAMBERS) ORDER by Magistrate Judge Paul L. Abrams: Pursuant to this Courts Order of December 18, 2014, plaintiff was ordered to file a Proof of Service showing compliance with Paragraph I of the Courts Order within twenty-eight days of the filing on the complaint, i.e., by January 12, 2015. To date, the Proof of Service has not been filed with the Court. Accordingly, no later than January 21, 2015, plaintiff is ordered to show cause why this case should not be dismissed for failure to prosecute and follow Court orders. Filing of the Proof of Service on or before January 21, 2015, shall be deemed compliance with this Order to Show Cause. (es) Modified on 1/16/2015 (es).
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| Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Benjamin L Coleman counsel for Petitioner Nathan Nwobi. Adding Benjamin Lee Coleman as attorney as counsel of record for Nathan Nwobi for the reason indicated in the G-123 Notice. Filed by petitioner Nathan Nwobi. (Attorney Benjamin L Coleman added to party Nathan Nwobi(pty:pet))(Coleman, Benjamin) |
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Filing 30
MINUTE ORDER IN CHAMBERS Order Re: Government's Opposition to Petitioner's Application For Discovery and Response to Petitioner's Objection Re Interrogatory No. 1. (CV Dkt.26) by Judge George H. King: BackgroundOn April 17, 2012, Petitioner Nathan Nwobi was found guilty of conspiracy, possession withintent to distribute a controlled substance (marijuana), and maintaining drug involved premises. (CRDkt. 830.) On July 8, 2014, Nwobi filed a Motion to Vacate, Set Aside, or Correct Sentence pursuant to28 U.S.C. 2255 (2255 Motion), claiming that he received ineffective assistance from his trialcounsel, James Spertus. (CV Dkt. 1; CR Dkt. 1043.) In October 2014, Petitioner Nathan Nwobi(Nwobi) filed a number of applications and requests, including an Application for Discovery(Discovery Application) and Objections to Mr. Spertuss Responses to the GovernmentInterrogatories (Objections). (CV Dkts. 15, 17-20; CR Dkts. 1072, 1074-77.) On November 20,2014, we issued an Order concerning Nwobis filings in which we ordered the Government (1) torespond to the Discovery Application, and (2) to explain the relevance of one of the interrogatories thatit propounded on Spertus. (CV Dkt. 24; CR Dkt. 1082.) On December 4, 2014, the Government filedits Opposition. (CV Dkt. 26.) Nwobi has not filed a Reply. Nwobis request for discovery of surveillance logsis hereby DENIED. Nwobis objection to Interrogatory No. 1is SUSTAINED. The Government is ORDERED not to rely on or make reference to Interrogatory No.1 in responding to Nwobis 2255 Motion. (See document for further details) (bp)
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| Filing 29 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk. DOCUMENT STRICKEN. DOES NOT BELONG TO THE ABOVE CAS;. RE: Proof of Service (subsequent documents) #27 . (lom) |
| Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents) #27 . The following error(s) was found: Document submitted in the wrong case. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bp) |
| Filing 27 DOCUMENT IS STRICKEN - PROOF OF SERVICE filed by RESPONDENT United States of America, re Objection/Opposition (Motion related) #26 served on DECEMBER 5, 2014. (Jones, Terrence) Modified on 12/17/2014 (lom). (Doc is stricken, see doc no. #29 .) |
| Filing 26 OPPOSITION re: APPLICATION for Order for Discovery #15 filed by Respondent United States of America. (Jones, Terrence) |
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Filing 25
MINUTES (IN CHAMBERS): Order Re: Government's Ex Parte Application for Extension of Time to File Opposition to Motion to Vacate, Set Aside, or Correct Sentence (CV Dkt 23; CR Dkt. 1081) by Judge George H. King: On November 19, 2014, the Government filed this above-captioned Application, seeking an extension of time to respond to Petitioner Nathan Nwobi's ("Nwobi") Motion to Vacate, Set Aside, or Correct the Sentence pursuant to 28 U.S.C. 2255 (the "Motion"). Having found good cause therefor, the Application is GRANTED and the Government is ORDERED to respond to the Motion by February 9, 2015. Nwobi may file a reply by no later than March 9, 2015. (bp)
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Filing 24
MINUTE ORDER IN CHAMBERS Order Re: (1) Emergency Motion for Protective Order (CVDkt. 20, CR Dkt. 1077); (2) Motion to Put the Court on Notice Regarding Filing Dates and Seeking Clarification of Service Requirements (CV Dkt. 17, CR Dkt. 1074); (3) Application for Discovery (CV Dtk. 15, Cr Dkt. 1072); (4) Objections to Interrogatories (CV Dkt. 18, CR Dkt. 1075); (5) Objections to Mr. Spertus's Responses to the Government's Interrogatories (CV Dkt. 19, CR Dkt. 1076) by Judge George H. King: Nwobi's Emergency Motion is DENIED as moot because Spertus already complied with our August 7, 2014 Order. We will judge the timeliness of Nwobi's filings according to applicable law for each filing. Nwobi's request is DENIED. Nwobi's request that he no longer be required to serve the Government with paper copies is DENIED. #17 , #20 . (See document for further details) (bp)
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| Filing 23 EXPARTE APPLICATION for Extension of Time to File OPPOSITION TO MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE PURSUANT TO 28 U.S.C. SECTION 2255; DECLARATION OF TERRENCE JONES filed by RESPONDENT United States of America. (Attachments: #1 Proposed Order)(Jones, Terrence) |
| Filing 22 SCHEDULING NOTICE RE: Hearing of Petitioner's Motions set for November 10, 2014 are TAKEN OFF CALENDAR by Judge George H. King THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (bh) TEXT ONLY ENTRY |
| Filing 16 NOTICE to the court of compliance with Court orders filed by Petitioner Nathan Nwobi. (shb) |
| Filing 14 NOTICE OF REASSIGNMENT of Assistant United States Attorney TERRENCE M. JONES on behalf of RESPONDENT United States of America. (Attorney Terrence M Jones added to party United States of America(pty:res))(Jones, Terrence) |
| Filing 21 NOTICE REJECTED COURT FILINGS filed by Petitioner Nathan Nwobi. (shb) |
| Filing 20 MOVANT NATHAN NWOBI'S EMERGENCY MOTION for Protective Order filed by Petitioner Nathan Nwobi. Motion set for hearing on 11/10/2014 at 09:00 AM before Judge George H. King. (shb) |
| Filing 19 Movant Nathan Nwobi's OBJECTIONS to Mr. Spertus' Responses to the Government's Interrogatories filed by Petitioner Nathan Nwobi. (shb) |
| Filing 18 OBJECTIONS to Interrogatories filed by Petitioner Nathan Nwobi. (shb) |
| Filing 17 NOTICE/MOTION to put the court on notice regarding filing dates and seeking clarification of service requirements filed by Petitioner Nathan Nwobi. Motion set for hearing on 11/10/2014 at 09:00 AM before Judge George H. King. (shb) |
| Filing 15 APPLICATION for Discovery filed by Petitioner Nathan Nwobi. Application set for hearing on 11/10/2014 at 09:00 AM before Judge George H. King. (shb) |
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Filing 13
ORDER by Judge George H. King RE: INTERROGATORIES AND ASSIGNMENT OF GOVERNMENT ATTORNEY. IT IS HEREBY ORDERED THAT James W. Spertus shall respond to theinterrogatories propounded by the government on October 20, 2014. (shb)
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| Filing 12 EX PARTE APPLICATION to Continue Responses from October 6, 2014 to October 20, 2014 filed by witness James W Spertus. (Attachments: #1 Proposed Order)(Attorney James W Spertus added to party James W Spertus(pty:mw))(Spertus, James) |
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Filing 11
NOTICE OF DISCREPANCY AND ORDER: by Judge George H. King, ORDERING Notice to the Court of Compliance; Notice of Rejected Court Filings; Emergency Motion for Protective Order; Objection to Interrogatories; Notice/Motion to Put the Court on Notice; Application for Discovery submitted by Petitioner Nathan Nwobi received on 9/30/14 is not to be filed but instead rejected. Denial based on: Motions lack Notice of Hearing date. (lom)
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Filing 10
NOTICE OF DISCREPANCY AND ORDER: by Judge George H. King, ORDERING Pro Se Petitioner Nathan Nwobi's Notice of Objections and Motion Seeking Clarification as to Reasons Petitioner's Court Filings were rejected and not filed by the Court submitted by Petitioner Nathan Nwobi received on 10/1/14 is not to be filed but instead rejected. Denial based on: Document lacks Notice of Hearing date. (lom)
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Filing 9
NOTICE OF DISCREPANCY AND ORDER: by Judge George H. King, ORDERING Application for Discovery; Notice/Motion to Put the Court on Notice Re: Filing Dates; Seeking Clarification submitted by Petitioner Nathan Nwobi received on 9/23/14 is not to be filed but instead rejected. Denial based on: No Notice of Hearing Dates; No Hearing Dates. (pso)
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Filing 8
NOTICE OF DISCREPANCY AND ORDER: by Judge George H. King, ORDERING MOVANT's EMERGENCY MOTION FOR PROTECTIVE ORDER; OBJECTIONS TO INTERROGATORIES submitted by Petitioner Nathan Nwobi received on 9/23/14 is not to be filed but instead rejected. Denial based on: L.R. 11-4.1 - No copy provided for Judge. Proof of Service does not indicate served on prior counsel. (pso)
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| Filing 7 NOTICE OF REASSIGNMENT of Assistant United States Attorney Rasha Gerges Shields on behalf of plaintiff/respondent United States of America. Assistant United States Attorney Diana L Pauli terminated. (Attorney Rasha Gerges Shields added to party United States of America(pty:res))(Shields, Rasha) |
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Filing 5
ORDER REQUIRING RETURN TO 2255 MOTION by Judge George H. King. IT IS HEREBY ORDERED that the United States Attorney file an Opposition to the Motion on or before August 7, 2014, accompanied by all records, and that a copy of the Opposition be served upon Defendant prior to the filing thereof. IT IS FURTHER ORDERED that if the Defendant desires to file a Reply to the Opposition, he shall do so by August 28, 2014. IT IS FURTHER ORDERED that if any briefing or other paper submitted to be filed and considered by the Court does not include a Certificate of Service upon Plaintiff, or counsel for Plaintiff, it will be stricken from this case and disregarded by the Court. (See attached document for details.) (lom)
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| Filing 6 MEMORANDUM of Law in support of Motion to Vacate/Set Aside/Correct Sentence (2255) #1 filed by Petitioner Nathan Nwobi. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5)(lom) |
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Filing 4
MINUTES (IN CHAMBERS): IN CHAMBERS ORDER RE: REQUEST TO FILE EXTENDED MOTION UNDER 28 U.S.C. 2255 by Judge George H. King. On July 8, 2014, the petitioner filed a Motion to Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. 2255 and request to extend the page-limit 22 . The Court has read and considered Petitioner's request and the declaration in support of to extend the page-limit. Petitioner's Memorandum of Law in support of the Motion to Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. 2255, Lodged July 8, 2014 is ORDERED filed. IT IS SO ORDERED. (lom) Modified on 7/11/2014 (lom).
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| Filing 3 NOTICE OF ASSIGNMENT to District Judge George H. King for motion filed under 28 U.S.C. 2255. (et) |
| Filing 2 REQUEST to Filed an Extended Motion Exceed Page Limitation Memorandum of Law and Points of Authority; Declaration of Nathan Nwobi in support of motion filed by Petitioner Nathan Nwobi. Lodged Proposed Memo. (et) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence pursuant to 28 USC 2255 assigned to Judge George H. King. For docketing entries refer to CR Case # 2:10-cr-00952-GHK, filed by Petitioner Nathan Nwobi. (et) |
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