Villalba v. USA

Respondent: USA
Petitioner: Jose Jesus Villalba
Case Number: 3:2013cv00009
Filed: January 15, 2013
Court: Ohio Southern District Court
Office: Dayton Office
County: MONTGOMERY
Referring Judge: Michael R Merz
Presiding Judge: Walter H Rice
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28:2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
January 17, 2013 78 Opinion or Order of the Court ORDER FOR ANSWER re 77 MOTION to Vacate filed by Jose Jesus Villalba. It is hereby ORDERED that the United States Attorney shall, not later than March 1, 2013, file an answer conforming to the requirements of Rule 5 of the Rules Governing 2255 Ca ses. Specifically, said answer shall respond to each allegation made in the Motion, raise any affirmative defenses available to the United States, and state whether Defendant has previously received an evidentiary hearing on any of the matters he now raises or whether he is entitled, in the Government=s view, to an evidentiary hearing in this proceeding. Defendant may, not later than twenty-one days after the Answer is filed, file and serve a reply or traverse to the Answer. If the Government fi les a motion to dismiss, Defendant=s time to file a memorandum in opposition will likewise be twenty-one days from service, as provided in S. D. Ohio Civ. R. 7.2(a). On the face of the Motion, it appears that an evidentiary hearing will be necessary. If that is the case, the Court will appoint an attorney to represent Defendant if he wishes. Defendant shall notify the Court not later than February 1, 2013, whether he wishes the Court to appoint counsel or whether he wishes to continue to proceed pro se. The Clerk shall serve a copy of this Order and the Motion to Vacate on the United States by way of Assistant United States Attorney Laura Clemmens and upon attorneys Vincent Poppand Edward Esqueda.Signed by Magistrate Judge Michael R Merz on 01/17/2013. (kf)
August 20, 2013 80 Opinion or Order of the Court RECOMMITTAL ORDER - Accordingly, pursuant to Fed. R. Civ. P. 72(b)(3), this matter is hereby returned to the Magistrate Judge with instructions to file a supplemental report analyzing the Objections and Response and making recommendations based on that analysis. Signed by Judge Walter H Rice on 8/19/2013. (kf)

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Respondent: USA
Represented By: Laura I Clemmens
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Petitioner: Jose Jesus Villalba
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