Yuh-Yue Chen v. United States of America
| Yuh-Yue Chen |
| United States of America |
| 8:2021cv00672 |
| April 13, 2021 |
| US District Court for the Central District of California |
| Percy Anderson |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on April 23, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 The Clerk served Defendant Yuh-Yue Chen with Docket No. 4 via US Mail at USP Lompoc, U.S. Penitentiary 3901 Klein Blvd. Lompoc, CA 93436 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY |
| Filing 5 Letter dated 4/19/2021, from plaintiff filed. (mrgo) |
Filing 4
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson re: Motion to Vacate/Set Aside/Correct Sentence (2255) #1 . Because Petitioner has not exhausted his direct appellate review, this Court cannot entertain Petitioner's 2255 Motion. Because Petitioner's filing of the 2255 Motions was premature, the Court dismisses the 2255 Motion without prejudice to his refiling of the Motion once his direct appeal is exhausted. See id. at 686 n.9 ("[T]he district court should refrain from hearing [defendant's] 2255 motion until after he exhausts his direct appellate review...." The Court denies Petitioner's request for appointment of counsel on his 2255 Motion as moot. (See document for details). (Made JS-6. Case Terminated.) (mrgo)
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| Filing 3 NOTICE OF ASSIGNMENT to District Judge Percy Anderson for motion filed under 28 U.S.C. 2255. (et) |
| Filing 2 REQUEST for Appointment of Counsel filed by Petitioner Yuh-Yue Chen. (Attachments: #1 Proposed Order, #2 Lodged Order Granting Application for leave to file Under Seal, #3 Lodged CJA23) (et) |
| 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 # 8:19-cr-00100-PA, filed by Petitioner Yuh-Yue Chen. (et) (Main Document 1 replaced on 4/15/2021) (et). |
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| Respondent: United States of America | |
| Represented By: | Assistant 2241-2255 US Attorney SA-CR |
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| Petitioner: Yuh-Yue Chen | |
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