Amy Silva v. United States of America

Petitioner: Amy Silva
Respondent: United States of America
Case Number: 5:2019cv00626
Filed: April 8, 2019
Court: US District Court for the Central District of California
Presiding Judge: Percy Anderson
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28:2255
Jury Demanded By: None

Docket Report

This docket was last retrieved on April 17, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 17, 2019 Opinion or Order Filing 6 MINUTE ORDER IN CHAMBERS - NOTICE OF REENTRY OF JUDGMENT AND COMMITMENT ORDER by Judge Percy Anderson re: Motion to Vacate/Set Aside/Correct Sentence (2255) #1 . Because reentry of the Judgment and Probation/Commitment Order provides Defendant with a right to direct appeal to the extent permitted in her plea agreement, Defendant's Motion to Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. 2255 (Docket No. 83 in Case No. EDCR 17-117 PA and Docket No. 1 in Case No. EDCV 19-626 PA) is denied as moot and dismissed without prejudice to her refiling of that Motion once her direct appeal is exhausted. (Made JS-6. Case Terminated.) (mrgo)
April 16, 2019 Filing 5 GOVERNMENT'S NON-OPPOSITION TO VACATUR AND RE-ENTRY OF JUDGMENT REGARDING DEFENDANT AMY SILVA filed by Respondent United States of America re: Minutes of In Chambers Order/Directive - no proceeding held,,, #3 (Ryan, David)
April 16, 2019 Filing 4 NOTICE OF APPEARANCE of Assistant United States Attorney on behalf of Plaintiff-Respondent United States of America. (Attorney David T Ryan added to party United States of America(pty:res))(Ryan, David)
April 10, 2019 Opinion or Order Filing 3 MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. On April 8, 2019 #1 , petitioner Amy Silva (Petitioner), proceeding pro se, filed a Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. 2255 (Motion). In her motion, Petitioner, who entered a guilty plea with an appeal waiver, asserts that she instructed her counsel to file a Notice of Appeal, but that counsel failed to do so. The Court therefore orders the government to notify the Court in writing if it seeks an order setting a briefing schedule and an evidentiary hearing or if it instead elects to have the Court vacate and reenter judgment allowing the appeal to proceed to the extent permitted by the plea agreement. The government's notice of election shall be filed no later than April 24, 2019. IT IS SO ORDERED. (lom)
April 8, 2019 Filing 2 NOTICE OF ASSIGNMENT to District Judge Percy Anderson for motion filed under 28 U.S.C. 2255. (car)
April 8, 2019 Filing 1 MOTION to Vacate, Set Aside or Correct Sentence pursuant to 28 USC 2255 assigned to Judge Percy Anderson. For docketing entries refer to CR Case # 5:17-cr-00117-PA, filed by Petitioner Amy Silva. (car)

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Petitioner: Amy Silva
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Respondent: United States of America
Represented By: Assistant 2241-2255 US Attorney LA-CR
Represented By: David T Ryan
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