Mitchell v. USA
| Lezmond Mitchell |
| USA |
| 3:2020cv08217 |
| August 20, 2020 |
| US District Court for the District of Arizona |
| Prescott Division Office |
| Eileen S Willett (PS) |
| David G Campbell |
| Prisoner: Vacate Sentence - Habeas Corpus |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on August 24, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 13
ORDER of USCA (20-99010); request for certificate of appealability denied; appeal terminated re: #10 Notice of Appeal filed by Lezmond Mitchell. (GMP)
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| Filing 12 USCA Case Number re: #10 Notice of Appeal. Case number 20-99010, Ninth Circuit. (GMP) |
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Filing 11
AMENDED ORDER that Mr. Mitchell's motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255, or, in the alternative, for relief under 28 U.S.C. 2241 (Doc. 625 in CR-01-1062-01-PCT-DGC) is denied and the civil action opened in connection with this Motion (CV-20-8217-PCT-DGC) is dismissed. The Clerk of Court shall enter judgment accordingly and terminate this action. Mr. Mitchell's motion for a stay of execution (Doc. #3 in CV-20-8217-PCT-DGC) is denied. A certificate of appealability is denied. The Court cannot conclude that reasonable jurists would debate the outcome in this order, nor that the issues addressed in this order deserve encouragement to proceed further. Signed by Senior Judge David G Campbell on 8/22/2020. (CLB)
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| Filing 10 NOTICE OF APPEAL to 9th Circuit Court of Appeals re: #8 Order, Terminate Motions, #9 Clerks Judgment by Lezmond Mitchell. (Aminoff, Jonathan) |
| Filing 9 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that in accordance with the Court's Order filed August 21, 2020, Petitioner'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 with prejudice. (CLB) |
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Filing 8
*AMENDED by Doc. #11 - ORDER that Mr. Mitchell's motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255, or, in the alternative, for relief under 28 U.S.C. 2241 (Doc. 625 in CR-01-1062-01-PCT-DGC) is denied and the civil action opened in connection with this Motion (CV-20-8217-PCT-DGC) is dismissed. The Clerk of Court shall enter judgment accordingly and terminate this action. Mr. Mitchell's motion for a stay of execution (Doc. #3 in CV-20-8217-PCT-DGC) is denied. A certificate of appealability is denied. The Court cannot conclude that reasonable jurists would debate the outcome in this order, nor that the issues deserve encouragement to proceed further. Signed by Senior Judge David G Campbell on 8/21/2020. (CLB) *Modified on 8/22/2020 (CLB).
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| Filing 7 REPLY TO #5 Response to Motion (2255) Combined Reply re Motions for Relief 2255 and Stay of Execution. filed by Lezmond Mitchell. (Aminoff, Jonathan) |
| Filing 6 RESPONSE to Motion re: #3 MOTION to Stay of Execution filed by USA. (Lanham, Krissa) |
| Filing 5 RESPONSE TO #1 Motion to Vacate/Set Aside/Correct Sentence (2255) in the Alternative, Motion for Relief Pursuant to 2241. filed by USA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lanham, Krissa) |
| NOTICE of request for e-notices by James Curtin. (Curtin, James) |
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Filing 4
ORDER (Re #1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Lezmond Mitchell) - Defendant Mitchell this evening has provided the Court with a motion under 2255 or, alternatively, under 2241, and a motion for stay of execution. These motions have not been formally filed on the Court's docket because they have been submitted after hours, but they will be docketed tomorrow morning, most likely with a new case number. The Court's staff has forwarded copies of the motions to the government. The government shall filed a response to the motions by 2:30 p.m. tomorrow, August 21, 2020, and Defendant shall file a reply by 5:00 p.m. tomorrow, August 21, 2020. The Court will consider whether to grant Defendant's request for oral argument as it reviews the briefing. Signed by Senior Judge David G Campbell on 8-20-20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC) (MAP) (NOTE: Originally filed in CR-01-1062-PCT at doc. 625)
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| Filing 3 NOTICE OF MOTION AND MOTION for Stay of Execution by Lezmond Mitchell. (CR-01-1062-PHX-DGC) (MAP) |
| Filing 2 NOTICE OF ASSIGNMENT (BAS) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) re: Criminal Case No CR01-1062-PCT-DGC filed by Lezmond Mitchell. (Attachments: #1 Civil Cover Sheet)(BAS) |
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| Respondent: USA | |
| Represented By: | Sharon K Sexton |
| Represented By: | William G Voit |
| Represented By: | Krissa Marie Lanham |
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| Petitioner: Lezmond Mitchell | |
| Represented By: | Jonathan C Aminoff |
| Represented By: | Celeste Bacchi |
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