Begay v. USA

Begay v. USA

Petitioner:	Ivan Ray Begay
Respondent:	USA
Case Number:	3:2015cv08209
Filed:	October 1, 2015
Court:	US District Court for the District of Arizona
Office:	Prescott Division Office
County:	Navajo
Presiding Judge:	John Z Boyle (PS)
Presiding Judge:	Paul G Rosenblatt
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 1651
Jury Demanded By:	None

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Date Filed	Document Text
October 8, 2015	Filing 3 ORDER: the Court's Notice of Assignment (Doc. 2 in CV-15-08209-PCT-PGR (JZB)) is vacated. IT IS FURTHER ORDERED that movant Begay's Petition for a Writ of Audita Querela (Doc. 91 in CR-00-01222-PCT-PGR) is denied and the civil action opened in connection with the petition (CV-15-08209-PCT-PGR (JZB)) is dismissed for lack of subject matter jurisdiction. The Clerk of the Court shall enter judgment accordingly. IT IS FURTHER ORDERED that a certificate of appealability, to the exten t that one is required, shall not be issued and that the movant is not entitled to appeal in forma pauperis because reasonable jurists would not find it debatable whether the petition states a valid claim for the denial of a constitutional right and would not find the Court's procedural ruling debatable. Signed by Senior Judge Paul G Rosenblatt on 10/8/15. (EJA)

Date Filed

Document Text

October 8, 2015

Filing 3 ORDER: the Court's Notice of Assignment (Doc. 2 in CV-15-08209-PCT-PGR (JZB)) is vacated. IT IS FURTHER ORDERED that movant Begay's Petition for a Writ of Audita Querela (Doc. 91 in CR-00-01222-PCT-PGR) is denied and the civil action opened in connection with the petition (CV-15-08209-PCT-PGR (JZB)) is dismissed for lack of subject matter jurisdiction. The Clerk of the Court shall enter judgment accordingly. IT IS FURTHER ORDERED that a certificate of appealability, to the exten t that one is required, shall not be issued and that the movant is not entitled to appeal in forma pauperis because reasonable jurists would not find it debatable whether the petition states a valid claim for the denial of a constitutional right and would not find the Court's procedural ruling debatable. Signed by Senior Judge Paul G Rosenblatt on 10/8/15. (EJA)

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Respondent: USA
Represented By:	Vincent Quill Kirby(Designation Assistant US Attorney)
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Petitioner: Ivan Ray Begay
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