Kaialau v. USA
| Robert Kaialau, III |
| USA |
| 1:2023cv00258 |
| June 16, 2023 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| ROM TRADER |
| 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 July 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 4 Clerks' Office Transmittal Letter to the Ninth Circuit Court of Appeals regarding ECF No. #3 ORDER TRANSMITTING MOTION SEEKING CERTIFICATION OF SECOND OR SUCCESSIVE 28 U.S.C. 2255 MOTION AND DENYING CERTIFICATE OF APPEALABILITY, dated July 6, 2023. (eta) |
| COURT'S CERTIFICATE of Service - a copy of #3 ORDER TRANSMITTING MOTION SEEKING CERTIFICATION OF SECOND OR SUCCESSIVE 28 U.S.C. 2255 MOTION AND DENYING CERTIFICATE OF APPEALABILITY was served electronically to the Ninth Circuit Court of Appeals on July 5, 2023 (the #1 Motion to Vacate (2255) was served electronically on July 6, 2023). A copy of #3 ORDER TRANSMITTING MOTION SEEKING CERTIFICATION OF SECOND OR SUCCESSIVE 28 U.S.C. 2255 MOTION AND DENYING CERTIFICATE OF APPEALABILITY was served by First Class Mail to Robert Kaialau, III at the address of record on July 6, 2023. Additionally, hard copies of #1 and #3 were served by First Class Mail to the Ninth Circuit Court of Appeals on July 6, 2023. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta) |
Filing 3
ORDER TRANSMITTING MOTION SEEKING CERTIFICATION OF SECOND OR SUCCESSIVE 28 U.S.C. 2255 MOTION AND DENYING CERTIFICATE OF APPEALABILITY re #1 - Signed by JUDGE LESLIE E. KOBAYASHI on 7/5/2023. (CR 07-108 LEK-01, CV 23-00258 LEK-RT) For the foregoing reasons, Kaialau's "Motion under 28 U.S.C. section 2255(f)(4) To Vacate, Set Aside, or Correct Sentence by a person in Federal Custody," filed June 16, 2023, is HEREBY DENIED WITHOUT PREJUDICE. The Clerk's Office is DIRECTED to refer Kaialau's 6/16/23 2255 Motion to the Ninth Circuit and close the case. The case will be reopened if the Ninth Circuit subsequently authorizes the filing of Kaialau's successive 2255 habeas petition with this district court. (eta)
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| Filing 2 NOTICE of Case Assignment: Please reflect both Civil case number CV 23-00258 LEK-RT and Criminal case number CV 07-00108 LEK-01 on all further pleadings. Filings relevant to the 28 U.S.C. 2255 Motion to Vacate, Set Aside or Correct Sentence shall be filed only in Criminal Case CR 07-00108 LEK-01, USA v. Robert Kaialau, III. (eta) |
| COURT'S CERTIFICATE of Service - a copy of 2 Notice of Case Assignment has been served by First Class Mail to Robert Kaialau, III at the address of record on June 20, 2023. A file stamped copy of the 2255 Motion was included in the mailing to Petitioner. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta) |
| Filing 1 MOTION 28 U.S.C. Section 2255(f)(4) to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody - filed by Robert Kaialau, III. (Attachments: #1 Mailing Documentation)(eta) |
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| Petitioner: Robert Kaialau, III | |
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| Respondent: USA | |
| Represented By: | Sara D. Ayabe |
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