Mitchell v. United States of America
Petitioner: Lezmond Mitchell
Respondent: United States of America
Case Number: 3:2009cv08089
Filed: May 22, 2009
Court: US District Court for the District of Arizona
Office: Prescott Division Office
County: XX US, Outside State
Presiding Judge: Mark E Aspey (PS)
Presiding Judge: Mary H Murguia
Nature of Suit: None
Cause of Action: 28:2255 Motion to Vacate / Correct Illegal Sentence
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
August 30, 2019 Opinion or Order Filing 92 ORDER: IT IS HEREBY ORDERED denying Mitchell's Motion for a Stay of Execution. (Doc. 84 .) (See Order for details.) Signed by Senior Judge David G Campbell on 8/30/2019. (SST)
September 18, 2018 Opinion or Order Filing 80 ORDER denying Petitioner's Notice of Motion and Motion of Relief from Judgment Pursuant to Federal Rule of Civil Procedure Rule 60(b)(6) (Doc. 71 ). No certificate of appealability shall be issued. Signed by Senior Judge David G Campbell on 9/17/18. (DXD)
June 14, 2018 Opinion or Order Filing 78 ORDER: Defendant shall file his reply on or before June 18, 2018. Signed by Judge David G Campbell on 6/14/2018. (REK)
December 21, 2010 Opinion or Order Filing 66 ORDER denying 58 Motion to Alter or Amend the Judgment. Signed by Judge Mary H Murguia on 12/21/10.(KSP)
September 30, 2010 Opinion or Order Filing 56 ORDER as to Lezmond Mitchell, denying Petitioner's 30 Amended MOTION Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, Or, in the Alternative, Pursuant to 28 U.S.C. § 2241; the Clerk sha ll enter judgment accordingly and terminate this action; GRANTING a Certificate of Appealability as to the following issues: Claim A Whether counsel's failure to investigate, prepare, and present evidence of intoxication resulted in ineffective assistance at trial; Claim B Whether counsel's failure to investigate, prepare, and present evidence of addiction and intoxication resulted in ineffective assistance at sentencing; and Claim D Whether counsels failure to investigate, prepare, and present evidence of Mitchell's social history and executive functioning deficits resulted in ineffective assistance at sentencing. Signed by Judge Mary H Murguia on 9/30/10. (REW)
December 4, 2009 Opinion or Order Filing 40 ORDER denying 27 Motion to Seal Document. Signed by Judge Mary H Murguia on 12/3/09.(KSP)
October 6, 2009 Opinion or Order Filing 25 ORDER denying Petitioner's 22 Motion for Reconsideration of 9/4/09 order. FURTHER ORDERED petitioner shall file a renewed motion to seal no later than 5 days after the filing of this order. Signed by Judge Mary H Murguia on 10/2/2009. (LAD)
September 4, 2009 Opinion or Order Filing 21 ORDER denying 1 motion for authorization; granting 13 motion for protective order; denying 16 Ex Parte Motion to File Under Seal without prejudice; Petitioner shall file a renewed motion to seal no later than 10 days after the filing of this or der; FURTHER ORDERED the Clerk shall file petitioner's Ex Parte Application 20 as an ordinary filing on the public docket. FURTHER ORDERED denying 20 Ex Parte Motion. (See document for further details). Signed by Judge Mary H Murguia on 9/1/2009. (cc: all counsel)
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Petitioner: Lezmond Mitchell
Represented By: Statia Peakheart
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Respondent: United States of America
Represented By: Vincent Quill Kirby
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