Amezquita v. United States of America (INMATE 3)
| Edgar Arroyo Amezquita |
| United States of America and Walter Woods |
| 2:2019cv00476 |
| July 3, 2019 |
| US District Court for the Middle District of Alabama |
| Charles S Coody |
| William Keith Watkins |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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| Document Text |
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| Filing 9 Response to Order re #2 and #6 Orders, by Edgar Arroyo Amezquita. (wcl, ) |
Filing 8
ORDER: construing #7 Motion for Declaratory Relief as a motion for leave to file a motion for declaratory relief; ORDER denying #7 Motion for Leave to File a Motion for Declaratory Relief. Signed by Honorable Judge Charles S. Coody on 8/16/2019. (wcl, )
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| Filing 7 MOTION for Declaratory Relief by Edgar Arroyo Amezquita. (kh, ) Construed in the court's #8 Order as a MOTION for Leave to File a Motion for Declaratory Relief on 8/16/2019 (wcl, ). |
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Filing 6
ORDER: the court's #2 Order, is amended to further advise Petitioner in compliance with Castro v. United States, 540 U.S. 375, 38283 (2003), that the re-characterization of his habeas petition as a motion to vacate, set aside, or correct sentence under 28 USC 2255 renders the 2255 motion and any subsequent 2255 motion subject to the procedural limitations imposed upon 2255 motions, in particular, the one-year limitation period and the successive-motion bar; further ORDERED the Petitioner is granted an extension to 8/9/2019, to inform the court if he wishes to do one of the following: (a) Continue to proceed only on the claims he presents in the construed 2255 motion; or (b) Amend the construed 2255 motion to assert any additional claims he wishes to assert under 2255 in challenging his convictions and sentences; or (c) Withdraw the construed 2255 motion and dismiss this action, as further set out in order. Signed by Honorable Judge Charles S. Coody on 7/31/2019. (wcl, )
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| Filing 5 Objection and Notice of Appeal re #4 Order filed by Edgar Arroyo Amezquita. (djy, ) |
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Filing 4
ORDERED that Petitioner's objections (Doc. #3 ) are OVERRULED. It is further ORDERED that Petitioner is granted an extension from July 19, 2019, to and including August 2, 2019, to inform the court if he wishes to do one of the following: (a) continue to proceed only on the claims he presents in the construed 28 U.S.C. 2255 motion; or (b) amend the construed 2255 motion to assert any additional claims he wishes to assert under 2255 in challenging his convictions and sentences; or (c) withdraw the construed 2255 motion and dismiss this action. Signed by Honorable Judge W. Keith Watkins on 7/16/2019. (kh, ) Modified on 7/31/2019 to clarify text to reflect correct Judge signature and association (qc/djy, ).
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| Filing 3 Objections filed by Edgar Arroyo Amezquita. (wcl, ) |
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Filing 2
ORDERED that: 1. The instant petition be construed as a motion to vacate under 28 U.S.C. 2255. 2. The United States of America shall henceforth be listed as the sole respondent in this case. 3. On or before July 19, 2019, Amezquita shall inform the court if he wishes to do one of the following: (a) Continue to proceed only on the claims he presents in the construed 2255 motion; or (b) Amend the construed 2255 motion to assert any additional claims he wishes to assert under 2255 in challenging his convictions and sentences; or (c) Withdraw the construed 2255 motion and dismiss this action. Amezquita is cautioned that if he fails to file a response in compliance with this order, which requires that he advise the court of his wishes to do one of the above options, this cause shall proceed as an action under 28 U.S.C. 2255, with the court considering only the claims presented in the construed 2255 motion (Doc. #1 ). Signed by Honorable Judge Charles S. Coody on 7/5/2019. (kh, )
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| Filing 1 PETITION for Writ of Habeas Corpus, filed by Edgar Arroyo Amezquita. (No Filing Fee; No IFP) (bes, ) |
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