McCabe v. USA
Petitioner: Harry McCabe, Sr.
Respondent: USA
Case Number: 3:2016cv08131
Filed: June 22, 2016
Court: US District Court for the District of Arizona
Office: Prescott Division Office
County: Navajo
Presiding Judge: Eileen S Willett (PS)
Presiding Judge: James A Teilborg
Nature of Suit: Motions to Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255
Jury Demanded By: None
RSS Follow case documents by RSS

Available Case Documents

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

Date Filed Document Text
March 9, 2022 Opinion or Order Filing 57 ORDER that the Report and Recommendation (Doc. 56 in CV-16-08131-PCT-JAT) is accepted. The Motion to Vacate, Set Aside or Correct Sentence (Doc. 1 in CV-16-08131-PCT-JAT; Doc. 141 in CR 12-8135-PCT-JAT) is granted in part and denied in part. Spe cifically, relief is granted as to Count 4 and denied as to Count 3. IT IS FURTHER ORDERED that, in CR 12-8135-PCT-JAT resentencing is set for May 25, 2022, at 3:00 p.m. at 401 W. Washington Street, Phoenix, Arizona, Courtroom 503. IT IS FURTHER OR DERED that the Probation Department is directed to prepare an updated presentence investigation report. IT IS FURTHER ORDERED that the Clerk of the Court shall file a copy of this Order in both case numbers listed above. The Clerk of the Court shal l enter judgment in CV 16-8131-PCT-JAT consistent with this Order reflecting the Motion to Vacate, Set Aside or Correct Sentence (Doc. 1) was partially granted and partially denied. A new judgment will enter in CR 12-8135-PCT-JAT following resentenc ing. IT IS FURTHER ORDERED that a certificate of appealability is denied as to the portion of the Motion on which this Court issued a decision adverse to the Movant. See document for complete details. Signed by Senior Judge James A Teilborg on 3/8/2022. See document for complete details. Signed by Senior Judge James A Teilborg on 3/8/2022. (WLP)
October 1, 2021 Opinion or Order Filing 51 ORDER - IT IS ORDERED granting Movant's "Motion to Lift Stay" (Doc. 47 ). IT IS FURTHER ORDERED that the Government may file a Supplemental Response no later than sixty days from the date this Order is filed. Movant may file a Supplemental Reply within thirty days from the date of service of the Supplemental Response. Signed by Magistrate Judge Eileen S Willett on 10/1/2021. (LAD)
March 25, 2020 Opinion or Order Filing 43 ORDER accepting Report and Recommendations 42 . IT IS FURTHER ORDERED that the motion to lift the stay (Doc. 41 ) is denied. IT IS FURTHER ORDERED that, within 14 days of each of the decisions in Walker v. United States, United States v. Orona and United States v. Begay, the parties shall file a joint status report. The third such status report must move to lift the stay. See attached order for additional information. Signed by Senior Judge James A. Teilborg on 3/25/2020. (RMW)
April 27, 2018 Opinion or Order Filing 32 ORDER: IT IS ORDERED staying this matter pending the Ninth Circuit's decision in United States v. Begay, No. 3:13-cr-08073-NVW-1 (D. Ariz. Jan. 29, 2014), appeal docketed, No. 14-10080 (9th Cir. Feb. 20, 2014). Within fourteen days after the decision in Begay is issued, the Government shall file a Supplemental Response. Movant may file a Supplemental Reply within seven days after service of the Supplemental Response. Signed by Magistrate Judge Eileen S Willett on 4/27/2018. (REK)
April 23, 2018 Opinion or Order Filing 31 ORDER - IT IS ORDERED that the Report and Recommendation (Doc. 26 ) is rejected. IT IS FURTHER ORDERED that this matter is re-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 further report and recommendation. (See document for further details). Signed by Senior Judge James A Teilborg on 4/23/18. (LAD)
February 3, 2017 Opinion or Order Filing 17 ORDER on Appeal of Magistrate Judge Decision to District Court: the Magistrate Judge's Order 12 is affirmed; the appeal 13 is denied. Signed by Senior Judge James A Teilborg on 2/2/17. (REW)
December 20, 2016 Opinion or Order Filing 12 ORDER - IT IS ORDERED denying the Government's "Motion to Stay Further Proceedings on the Motion to Vacate Sentence" (Doc. 4 ). IT IS FURTHER ORDERED that the Government shall file its Response to the Motion to Vacate (Doc. 1 ) within fourteen days of the date of this Order. (See document for further details). Signed by Magistrate Judge Eileen S Willett on 12/20/16. (LAD)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Arizona District Court's Electronic Court Filings (ECF) System

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?