Cardenas v. United States of America

Justia Dockets & Filings Fifth Circuit Texas Eastern District Cardenas v. United States of America

Cardenas v. United States of America

Petitioner:	Cecilio Luviano Cardenas
Respondent:	United States of America
Case Number:	4:2009cv00410
Filed:	August 20, 2009
Court:	US District Court for the Eastern District of Texas
Office:	Sherman Office
County:	Denton
Presiding Judge:	Don D. Bush
Presiding Judge:	Richard A. Schell
Nature of Suit:	None
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate/Correct Illegal Sentence
Jury Demanded By:	None

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Date Filed	Document Text
September 28, 2012	Filing 24 ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 21 Report and Recommendation. ORDERED that Movant be allowed to file an out-of-time appeal and that his motion to vacate, set aside or correct sentence is DISMISSED without prejudice. Signed by Judge Richard A. Schell on 9/28/2012. (kls, )
January 13, 2012	Filing 21 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Cecilio Luviano Cardenas. is accordingly recommended that Movant be allowed an out-of-time appeal. It is further recommen ded that Movant's claim in the instant § 2255 motion that he was denied an appeal be dismissed without prejudice, as set forth in West. Finally, it is recommended that the Clerk reinstate the judgment of conviction in Movant's crimina l case on the docket of that cause. In other words, the Clerk should re-enter the original judgment of conviction in the criminal case as of the date of entry of the final judgment in this Section 2255 proceeding. Signed by Magistrate Judge Don D. Bush on 1/12/2012. (kls, )

Date Filed

Document Text

September 28, 2012

Filing 24 ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 21 Report and Recommendation. ORDERED that Movant be allowed to file an out-of-time appeal and that his motion to vacate, set aside or correct sentence is DISMISSED without prejudice. Signed by Judge Richard A. Schell on 9/28/2012. (kls, )

January 13, 2012

Filing 21 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Cecilio Luviano Cardenas. is accordingly recommended that Movant be allowed an out-of-time appeal. It is further recommen ded that Movant's claim in the instant § 2255 motion that he was denied an appeal be dismissed without prejudice, as set forth in West. Finally, it is recommended that the Clerk reinstate the judgment of conviction in Movant's crimina l case on the docket of that cause. In other words, the Clerk should re-enter the original judgment of conviction in the criminal case as of the date of entry of the final judgment in this Section 2255 proceeding. Signed by Magistrate Judge Don D. Bush on 1/12/2012. (kls, )

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Petitioner: Cecilio Luviano Cardenas
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Respondent: United States of America
Represented By:	Ernest Gonzalez
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