Vo Tran v. Edge
| Vo Tran |
| Warden D. Edge |
| 8:2019cv02197 |
| November 13, 2019 |
| US District Court for the Central District of California |
| David O Carter |
| Andrew J Guilford |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on December 27, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 Mail Returned addressed to Vo Tran re Minutes of In Chambers Order/Directive - no proceeding held #8 (twdb) |
| Filing 10 Mail Returned addressed to Vo Tran re Notice of Clerical Error #7 (twdb) |
Filing 8
MINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER SETTING BRIEFING SCHEDULE. The Court sets the briefing schedule as follows: Governments opposition to Petitioners Writ shall be filed February 7, 2020. Petitioners response shall be filed within 45 days of the date that the governments oppositions are filed. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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| Filing 7 NOTICE OF CLERICAL ERROR: This case was incorrectly assigned by the clerk to Judge Andrew J. Guilford. Accordingly, the case has been reassigned to Judge David O. Carter. All future filings must be directed to Judge Carter.. The case will now reflect the initials of the transferee Judge 8:19-cv-02197 DOC. (rn) |
| Filing 6 NOTICE OF REASSIGNMENT of Assistant United States Attorney Robert J. Keenan on behalf of defendant D. Edge. Assistant United States Attorney Assistant 2241-2255 US Attorney SA-CR terminated. (Keenan, Robert) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Andrew J. Guilford for motion filed under 28 U.S.C. 2255. (Attachments: #1 CV 38) (esa) |
| Filing 4 ORIGINAL file, certified copy of transfer order and docket sheet received from New York Eastern |
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Filing 3
TRANSFER ORDER DISMISSING CASE, Because Tran's petition challenges the validity of hissentence rather than the execution of the sentence, it must be brought pursuant to 28 U.S.C. 2255. Jiminian v. Nash, 245 F.3d 144, 146-47 (2d Cir. 2001). "[A]s a general rule, federal prisoners must use 2255 instead of 2241(c) (3) to challenge sentence as violating the Constitution or laws of the UnitedStates." Id. at 147; see also Levine v. Apker, 455 F.3d 71, 77-78 (2d Cir. 2006). Therefore, Tran's petition is construed as being brought pursuant to 2255. As such, venue is proper in the district of conviction. Accordingly, the Clerk of Court is directed to transfer this case to the United States District Court for the Central District of California. The Court offers no opinion on themerits of petitioner's claims. Rule 83.1 of the Local Rules of the Eastern District of New York, which requires a seven-day delay before transfer is effectuated, is waived. Upon the transfer of the case, the Clerk of Court is to mark this case closed.Case transferred to District of USDC, Central District of California. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE.. (Ordered by Judge Kiyo A. Matsumoto on 11/08/2019) c/m (Galeano, Sonia) [Transferred from New York Eastern on 11/13/2019.]
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| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from New York Eastern on 11/13/2019.] |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Vo Tran. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) [Transferred from New York Eastern on 11/13/2019.] |
| FILING FEE: $ 5, receipt number 4653143544 (Bowens, Priscilla) [Transferred from New York Eastern on 11/13/2019.] |
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| Plaintiff: Vo Tran | |
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| Defendant: Warden D. Edge | |
| Represented By: | Assistant 2241-2255 US Attorney SA-CR |
| Represented By: | Robert J Keenan |
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