Silva v. USA
| Starsha Silva |
| USA |
| 1:2022cv00003 |
| January 3, 2022 |
| US District Court for the District of Hawaii |
| SUSAN OKI MOLLWAY |
| WES REBER PORTER |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on February 22, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 Prisoner Mail Returned sent to Starsha Silva re: ECF #6 (jo) |
| COURT'S CERTIFICATE OF SERVICE - a copy of #6 Order will be reserved by First Class Mail on February 23, 2022 to Starsha Silva at FCI Waseca, Federal Correctional Institution, Inmate Mail/Parcels, P.O. BOX 1731, WASECA, MN 56093 (address obtained from Bop.gov on 2/22/2022). (jo) |
Filing 6
ORDER DISMISSING 2255 PETITION re #1 . Signed by JUDGE SUSAN OKI MOLLWAY on 2/10/2022. (cib)
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| COURT'S CERTIFICATE of Service - a copy of #6 Order has been served by First Class Mail to the addresses of record on Starsha Silva. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) |
| Filing 5 EO: This court has received a letter from Ms. Silva that has been included in the criminal case file as Document No. 57. In the letter, Ms. Silva says, "I have come to terms with my judgment and dont want to challenge it." She indicates that what she now wants is to have returned to her family the funds paid to her defense attorney. This court has not been presented with any basis on which this court might intervene in what may be a fee dispute between a client and attorney. In particular, a motion brought under section 2255 of Title 28 of the United States Code is a method of challenging a conviction or sentence, not of challenging the fee charged by an attorney. Moreover, the court has no information indicating any basis on which Ms. Silva might base a fee challenge. The record does not suggest any impropriety or deficiency on her attorney's part. This court is not, of course, in any position to address Ms. Silvas indication that she may wish to pursue a fee challenge, but the court is aware that the Hawaii Supreme Court has established the Hawaii Lawyers' Fund for Client Protection (https://www.hawaiilawyersfund.com) to assist clients who claim to have suffered financial losses flowing from attorney misconduct. Again, this court stresses that it is unaware of any attorney misconduct relating to Ms. Silvas case, so it is not clear to this court that Ms. Silva has grounds to seek assistance from that fund. This court will ensure that a copy of this minute order is sent to Ms. Silvas counsel. In addition, this court will have the Clerk send Ms. Silva a copy of the judgment in her criminal case, as she says she does not have that. Finally, this court intends to leave open the section 2255 proceeding until January 31, 2022. If by then the court does not receive anything further from Ms. Silva relating to that proceeding, the court will close that matter. (JUDGE SUSAN OKI MOLLWAY)(cib) |
| Filing 4 Letter addressed to Judge Susan Oki Mollway from Defendant Starsha Silva, Re: Response to ECF #3 . (Attachments: #1 envelope) (cib) |
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Filing 3
ORDER DIRECTING PETITIONER TO PROVIDE FURTHER EXPLANATION re #1 . Signed by JUDGE SUSAN OKI MOLLWAY on 1/4/2022. (cib)
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| COURT'S CERTIFICATE of Service - a copy of #3 Order has been served by First Class Mail to the addresses of record on Starsha Silva. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib) |
| Filing 2 NOTICE of Case Assignment: Please reflect Civil Case Number CV 22-00003 SOM-WRP on all further pleadings. All docket entries relative to the 28:2255 Motion will be entered in the Criminal Case: CR 19-00089 SOM. Please reflect the two case numbers: CR 19-00089 SOM and CV 22-00003 SOM-WRP on all further filings. (jo) |
| Filing 1 MOTION Under 28 U.S.C. 2255 To Vacate, Set Aside, or Correct Sentence By A Person In Federal Custody - by Starsha Silva (Attachments: #1 Mailing Envelope) (jo) |
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| Petitioner: Starsha Silva | |
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| Respondent: USA | |
| Represented By: | Marshall H Silverberg |
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