Hassan Kanyike v. United States of America
| Hassan Kanyike |
| United States of America |
| 2:2023cv08789 |
| October 12, 2023 |
| US District Court for the Central District of California |
| Virginia A Phillips |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentence |
| None |
Docket Report
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This docket was last retrieved on November 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 MINUTES (IN CHAMBERS) by Judge Virginia A. Phillips: ORDER GRANTING PETITIONER HASSAN KANYIKE'S MOTION TO WITHDRAW PENDING 2255 MOTION #4 , #6 . The Court grants Petitioner's Motion to Withdraw (Dkt. No. 4), and vacates the briefing schedule set for the 2255 Motion. (Dkt. No. 3; Cr Dkt. No. 105.) Accordingly,the Clerk is directed to terminate civil action 2:23-CV-08789-VAP and terminate Petitioner's 2255 Motion (Cr. Dkt. No. 105) pending in his criminal action 2:21-cr-00081 - VAP ("Criminal Action"). Petitioner has filed the 3582 Motion in both his civil and criminal action. (Dkt. No. 5; Cr. Dkt. No. 109.) The Court strikes the 3582 Motion #5 only in the Civil Action as it is improperly filed in the Civil Action. The Court will rule on the merits and issue an order on the 3582 Motion in the Criminal Action.(Made JS-6. Case Terminated.) (lc) Modified on 11/21/2023 (lc). |
| Filing 6 MOTION TO WITHDRAW PENDING 2255 MOTION filed by Petitioner Hassan Kanyike. (lc) |
| Filing 5 MOTION FOR A SENTENCE REDUCTION PURSUANT TO 18 USC 3582(c)(2) filed by Petitioner Hassan Kanyike. (lc) |
| Filing 4 MOTION TO WITHDRAW PENDING 2255 MOTION filed by Petitioner Hassan Kanyike. (lc) |
Filing 3
MINUTE ORDER IN CHAMBERS by Judge Virginia A. Phillips: ORDER SETTING BRIEFING SCHEDULE FOR MOTION UNDER 28 USC 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY #1 . The Government's opposition shall be due on November 30, 2023, accompanied by all records. The matter will stand submitted thereafter and an order will issue. Please be advised no extensions shall be granted, absent good cause shown under extraordinary circumstances. Further, please be advised that failure to include a proof of service on all filings will result in the documents to be disregarded by the Court and strickenfrom the record. Pursuant to Federal Rule of Civil Procedure 78 and Local Rule 7-15, this matter is appropriate for resolution without a hearing and will stand submitted on the papers timely filed. (lc)
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| Filing 2 NOTICE OF ASSIGNMENT to District Judge Virginia A. Phillips for motion filed under 28 U.S.C. 2255. (lh) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence pursuant to 28 USC 2255 assigned to Judge Virginia A. Phillips. For docketing entries refer to CR Case # 2:21-cr-00081-VAP, filed by Petitioner Hassan Kanyike. (lh) |
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| Petitioner: Hassan Kanyike | |
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| Respondent: United States of America | |
| Represented By: | Assistant 2241-2255 US Attorney LA-CR |
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