George v. United States of America
||December 14, 2009
||US District Court for the District of Arizona
||Prescott Division Office
||Mark E Aspey (PS)
||Mary H Murguia
|Nature of Suit:
||Prisoner: Vacate Sentence
|Cause of Action:
||28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentence
|Jury Demanded By:
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|March 10, 2011
ORDER: Defendant's 42 "Motion for Reconsideration Pursuant to the Federal Rules of Civil Procedure 59(e) and Rule 60(b) to Redocket this Case for the Court to Respond to the Objections and Reconsider the Newly Discovered Evidence and Perj ured Testimony by Authorities and Other Witnesses of this Case" is granted to the extent that the Court has considered Defendant's objections and denied to the extent it seeks that the Court's 02/09/11 Order be amended, altered, or vac ated. FURTHER ORDERED that Defendant's 41 "Objections and Protest to the Order Issued on 01/20/11 Due to the Courts Abuse of Discretion of Overlooking Constitutional Violations of 5th and 14th Due Process Rights of the Report and Recommendation" is denied. See order for details. Signed by Judge Neil V Wake on 03/10/11. (NKS)
|February 9, 2011
ORDER ACCEPTING REPORT AND RECOMMENDATIONS 36 . IT IS FURTHER ORDERED that Defendant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. Section 2255 (Doc. 1) is denied and dismissed with prejudice.IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgmentaccordingly and terminate this action. (See document for details). Signed by Judge Neil V Wake on 2/9/11. (LAD)
|February 25, 2010
ORDER The Clerk of Court must deliver copies of the § 2255 Motion (doc.# 1), and this Order to the United States Attorney for the District of Arizona. The United States Attorney for the District of Arizona must answer the § 2255 Motion with in sixty (60) days from the date of service of the § 2255 Motion. Movant may file a reply within thirty (30) days from the date of service of the answer. Movant's motions to proceed in forma pauperis, appoint counsel and compel production a nd for an evidentiary hearing are denied Doc.# 3 , 5 , 6 , 7 . The Clerk of Court must deliver copies of this Order on Movant's former trial and appellate counsel, Karen M. Wilkinson and Anders V. Rosenquist, Jr., respectively. Ms. Wilkinson and Mr. Rosenquist must each file an affidavit within 30 days addressing whether, when, and how each has provided copies of Movant's case file to Movant and the extent to which any portion of their respective case files have not been provided to Movant. The matter is referred to Magistrate Judge Mark E. Aspey pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings and a report and recommendation. Signed by Judge Mary H Murguia on 2/21/10.(KMG)
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