Heredia-Nieblas v. USA

Petitioner: Carlos Omar Heredia-Nieblas
Respondent: USA
Case Number: 2:2016cv02615
Filed: August 1, 2016
Court: Arizona District Court
Office: Phoenix Division Office
County: Maricopa
Referring Judge: Bridget S Bade (PS)
Presiding Judge: Susan R Bolton
Nature of Suit: Motions to Vacate Sentence
Cause of Action: 28:2255
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
July 25, 2017 21 Opinion or Order of the Court ORDER: The Report and Recommendation of the Magistrate Judge is adopted as the Order of this Court. Grounds One, Two and Three of Movant's Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C.  7; 2255 are denied and Ground Four is GRANTED. IT IS FURTHER ORDERED directing the Clerk of Court to vacate and reenter the judgment entered on December 7, 2015 in CR15-00522-PHX-SRB to permit Defendant to file a notice of appeal. IT IS FURTHER ORDE RED granting a Certificate of Appealability and leave to proceed in forma pauperis on appeal because Movant has made a substantial showing of the denial of a constitutional right. IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly. Signed by Judge Susan R Bolton on 7/25/2017. (REK)
February 21, 2017 11 Opinion or Order of the Court ORDER: IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge as the Order of this Court. (Doc. 10 ) IT IS FURTHER ORDERED denying Respondent's Motion to Dismiss Defendant's Motion Under 28 U.S.C. § 2255 to Vacat e, Set Aside, or Correct Sentence by a person in Federal Custody. (Doc. 6 )IT IS FURTHER ORDERED granting Respondent's Motion for a Forty-Five Day Extension of Time to Respond to Defendant's Motion to Vacate, Set Aside or Correct Sentence Under 28 U.SC. § 2255. (Doc. 9 ) IT IS FURTHER ORDERED that Respondent's may have 45 days from the date of this Order to respond to Movant's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255. Signed by Judge Susan R Bolton on 2/21/2017. (REK)

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Respondent: USA
Represented By: Lacy Cooper(Designation Assistant US Attorney)
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Petitioner: Carlos Omar Heredia-Nieblas
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