Swisher v. USA
| Elven Joe Swisher |
| USA |
| 1:2009cv00055 |
| February 9, 2009 |
| US District Court for the District of Idaho |
| Prisoner: Vacate Sentence Office |
| Ada - Southern |
| B. Lynn Winmill |
| None |
| U.S. Government Defendant |
| 28:2255 Petition for Writ of Habeas Corpus (Federal) |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
26
MEMORANDUM DECISION AND ORDER denying 23 Motion for Reconsideration. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
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Filing
21
MEMORANDUM DECISION AND ORDER dismissing 18 Motion to Set Aside. A certificate of appealability shall issue only as to whether Alvarez entitles Swisher to relief from his conviction under 18 USC § 704(a). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
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Filing
17
ORDER denying 14 Motion for Discovery. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
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Filing
8
ORDER staying pending notification by the Ninth Circuit Court of Appeals of either the dismissal or resolution of the appeal Re: 1 Motion to Vacate/Set Aside/Correct Sentence (2255),, filed by Elven Joe Swisher. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
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Filing
2
ORDER that defense counsel advise the Court of issues he is raising on appeal and his opinion as to whether the appeal and the 2255 motion should proceed simultaneously; Within 10 days after defense counsel files his statement of issues, Swisher, pro se, and the Government file a statement of their respective positions on whether the appeal and 2255 should proceed simultaneously. It is further ordered that the Government is not required to respond to the 2255 motion until the Court has determin ed whether to allow the case to proceed.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks) (Copy sent to defense counsel in CR 07-182-S-BLW by dks)
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| Respondent: USA | |
| Represented By: | Jessica T Fehr |
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| Petitioner: Elven Joe Swisher | |
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