Thomas v. USA
| Augustine Bernal Thomas and Biggy |
| USA |
| 2:2021cv01347 |
| August 3, 2021 |
| US District Court for the District of Arizona |
| Deborah M Fine (PS) |
| Susan R Bolton |
| Prisoner: Vacate Sentence - Habeas Corpus |
| 28 U.S.C. ยง 2255 |
| None |
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This docket was last retrieved on August 12, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 5 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that in accordance with the Court's Order filed August 12, 2021, movant's motion pursuant to 28 U.S.C. 2255 to vacate, set aside or correct a sentence is denied and the civil action opened in connection is hereby dismissed without prejudice. (SMH) |
Filing 4
ORDER - (1) The Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. 240 in CR 10-00927-PHX-SRB) is denied and the civil action opened in connection with this Motion (CV 21-01347-PHX-SRB (DMF)) is dismissed without prejudice. The Clerk of Court must enter judgment accordingly. (2) Movant's Motion to Stay (Doc. #3 ) is denied. (3) The Clerk of Court must send a copy of this Order and Movant's 2255 Motion (Doc. #1 in CV 21-01347-PHX-SRB (DMF)) to the Ninth Circuit Court of Appeals and to Plaintiff United States of America. (4) Pursuant to Rule 11 (a) of the Rules Governing Section 2255 Cases, in the event Movant files an appeal, the Court declines to issue a certificate of appealability because reasonable jurists would not find the Courts procedural ruling debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). See Order for complete details. Signed by Senior Judge Susan R Bolton on 8/12/221. (SMH)
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| Filing 3 First MOTION to Stay re: #1 Motion to Vacate/Set Aside/Correct Sentence (2255) by Augustine Bernal Thomas. (Attachments: #1 Time Schedule Order Order)(Storts, Brick) |
| Filing 2 NOTICE OF ASSIGNMENT (SCA) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) re: Criminal Case No CR-10-00927-PHX-SRB filed by Augustine Bernal Thomas. (8 pages) (Storts, Brick) (Attachments: #1 Civil Cover Sheet)(SCA) |
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