Audette v. USA
| Steven Audette |
| USA |
| 2:2021cv01179 |
| July 2, 2021 |
| US District Court for the District of Arizona |
| Eileen S Willett (PS) |
| Steven P Logan |
| Eileen S Willett |
| Prisoner: Vacate Sentence - Habeas Corpus |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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| Document Text |
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Filing 9
Service Order (2255) - Movant"s Motion for "return [of] his original 2255 package" (Doc. #5 ), "Motion: move the court to consider all evidence in Petitioner"s motion to vacate" (Doc. #7 ), and Motion for copies (Doc. #8 ) are denied. The Clerk of Court must electronically serve a copy of the Amended 2255 Motion (Doc. #6 ) and this Order on the United States Attorney for the District of Arizona pursuant to Rule 4, Rules Governing Section 2255 Cases, and the Memorandum of Understanding between the United States District Clerk of Court for the District of Arizona and the United States Attorney's Office for the District of Arizona. Pursuant to the Memorandum of Understanding, copies of the Amended 2255 Motion and this Order will be sent via Notice of Electronic Filing (NEF) to the Respondents through designated electronic mail addresses. The parties and the Clerk of Court must file all documents related to the Amended 2255 Motion in the civil case. The United States Attorney for the District of Arizona or his designee has 60 days from the date of service within which to answer the Amended 2255 Motion. The United States Attorney or his designee must not file a dispositive motion in place of an answer. Movant may file a reply within 30 days from the date of service of the answer to the Amended 2255 Motion. The matter is referred to Magistrate Judge Eileen S. Willett pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings and a report and recommendation. See document for complete details. Signed by Judge Steven P Logan on 8/19/2021. (Attachments: #1 Amended Petition)(WLP)
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| Filing 8 MOTION for Copy of Original 2255 by Steven Audette (1 page). (DXD) |
| Filing 7 MOTION to Consider All Evidence re: #6 Amended Motion to Vacate/Set Aside/Correct Sentence (2255) by Steven Audette (4 pages). NOTE: Filed by Defendant as Pro se. (Attachments: #1 Envelope)(DXD) |
| Filing 6 AMENDED MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Steven Audette (77 pages). (Attachments: #1 Exhibit 1-20, #2 Affidavit)(DXD) |
| Filing 5 MOTION to Return Submissions by Steven Audette (1 page). (Attachments: #1 Envelope)(DXD) |
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Filing 3
ORDER - IT IS ORDERED: (1) Movants "Motion: To Motion the Court under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence" (Doc. #1 in CV 21-01179-PHX-SPL (ESW)) is denied with leave to amend. Movant has 30 days from the date of filing of this Order to file an amended motion in compliance with this Order. (2) If Movant fails to file an amended motion within 30 days, the Clerk of Court must, without further notice, terminate Document 549 in CR 14-00858-PHX-SPL and enter a judgment of dismissal of the civil action opened in connection with this 2255 action (CV 21-01179-PHX-SPL (ESW)), without prejudice, and deny any pending unrelated motions as moot. (3) The Clerk of Court must mail Movant a court-approved form for filing a Motion to Vacate, Set Aside or Correct Sentence By a Person in Federal Custody (28 U.S.C. 2255). See document for complete details. Signed by Judge Steven P Logan on 7/9/2021. (Attachments: #1 Instructions for Filing a Motion to Vacate, Set Aside, or Correct a Sentence) (WLP)
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| Filing 4 SUPPLEMENT Addendum re: #1 Motion to Vacate/Set Aside/Correct Sentence (2255) by Petitioner Steven Audette (3 pages). (DXD) |
| Filing 2 NOTICE OF ASSIGNMENT (HLA) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) re: Criminal Case No CR-14-858-PHX-SPL-1 filed by Steven Audette. (710 pages).***SCANNED IMAGE IS BEST EFFORT (Attachments: #1 Exhibits - Table of Contents, #2 Exhibits - Part 1, #3 Exhibits - Part 2, #4 Exhibits - Part 3, #5 Exhibits - Part 4, #6 Exhibits - Part 5, #7 Exhibits - Part 6, #8 Exhibits - Part 7, #9 Exhibits - Part 8, #10 Exhibits - Part 9, #11 Exhibits - Part 10, #12 Exhibits - Part 11, #13 Exhibits - Part 12, #14 Exhibits - Part 13, #15 Exhibits - Part 14, #16 Exhibits - Part 15, #17 Exhibits - Part 16, #18 Exhibits - Part 17, #19 Envelope)(HLA) (Additional attachment(s) added on 7/8/2021: #20 Page 1 (Case Number Included)) (HLA). |
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| Petitioner: Steven Audette | |
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| Respondent: USA | |
| Represented By: | Andrew C Stone |
| Represented By: | Kevin M Rapp |
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