UNITED STATES OF AMERICA v. CRUZ-RIVERA
| ROBERTO CRUZ-RIVERA |
| UNITED STATES OF AMERICA |
| 1:2023cv00404 |
| March 6, 2023 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Tanya Walton Pratt |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
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| Filing 17 Mail Returned as undeliverable. #9 Parties Short Record sent to ROBERTO CRUZ-RIVERA at Coleman Medium Federal Correctional P.O.Box 1032, Coleman FL 33521. Document re-sent and mail to petitioner updated address. (LF) Modified on 5/2/2023 (LF). |
Filing 16
ORDER DENYING #8 MOTION FOR CERTIFICATE OF APPEALABILITY (USCA #23-1791) - This matter is before the Court on Defendant Roberto Cruz-Rivera's Notice of Appeal (Dkt. #8 ) in which he asks the Court to issue a certificate of appealability. Cruz-Rivera's motion for a certificate of appealability, dkt. #8 , is DENIED. (See Order). Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 4/28/2023. (AKH)
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| Filing 15 USCA Case Number 23-1791 for #12 Notice of Appeal filed by ROBERTO CRUZ-RIVERA. (Attachments: #1 Circuit Rule 3(b) Notice)(LF) |
| Filing 14 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #12 Notice of Appeal. - for Court of Appeals Use Only. (LF) |
| Filing 13 PARTIES' SHORT RECORD re #12 Notice of Appeal - Instructions for Attorneys/Parties attached.(Copy mailed to appellant.) (LF) |
| **Petitioner address updated per envelope at Dkt 12. (LF) |
| Filing 12 NOTICE OF APPEAL as to #5 Closed Judgment, #4 Order on Motion to Vacate, filed by Petitioner ROBERTO CRUZ-RIVERA. (No fee paid with this filing) (Attachments: #1 Envelope)(JDC) |
| Filing 11 USCA Case Number 23-1747 for #7 Notice of Appeal filed by ROBERTO CRUZ-RIVERA. (Attachments: #1 Circuit Rule 3(b) Notice)(LF) |
| Filing 10 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #7 Notice of Appeal. - for Court of Appeals Use Only. (LBT) |
| Filing 9 PARTIES' SHORT RECORD re #7 Notice of Appeal - Instructions for Attorneys/Parties attached. (Copy mailed to Petitioner.) (LBT) |
| Filing 8 MOTION for Certificate of Appealability, filed by Petitioner ROBERTO CRUZ-RIVERA. (Attachments: #1 Envelope)(JDC) |
| Filing 7 NOTICE OF APPEAL as to #5 Closed Judgment, #4 Order on Motion to Vacate, filed by Petitioner ROBERTO CRUZ-RIVERA. (No fee paid with this filing) (Attachments: #1 Envelope)(JDC) |
| Filing 6 Mail Returned as undeliverable. #4 Order on Motion to Vacate sent to ROBERTO CRUZ-RIVERA. Return to Sender. REFUSED. (AKH) |
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Filing 5
FINAL JUDGMENT - The Court has ordered that this action be dismissed without prejudice. The Court now enters FINAL JUDGMENT. Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 3/29/2023.(AKH)
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Filing 4
ORDER DENYING #3 AMENDED MOTION FOR RELIEF UNDER 28 U.S.C. 2255 AND DISMISSING ACTION WITHOUT PREJUDICE - At this moment, it is plain that Mr. Cruz-Rivera is not entitled to 2255 relief and cannot be so entitled until his direct appeal is resolved. Therefore, the amended 2255 motion, dkt. #3 , is DENIED. This action is DISMISSED without prejudice. Mr. Cruz-Rivera may present a new 2255 motion after the Seventh Circuit rules on his pending appeal. The clerk is DIRECTED to enter final judgment, docket a copy of this order in the criminal case (United States v. Cruz-Rivera, No. 1:21-cr-00160-TWP-DLP-1), and TERMINATE the pending 2255 motion in that case, dkt. 397 . (See Order). Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 3/29/2023. (AKH)
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| Filing 3 AMENDED MOTION to Vacate Judgment, filed by Petitioner ROBERTO CRUZ-RIVERA. (Attachments: #1 Cover Letter, #2 Exhibit A, #3 Envelope)(JDC) |
| Filing 2 MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by ROBERTO CRUZ-RIVERA. (Attachments: #1 Envelope)(DRB) |
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Filing 1
ORDER Directing Treatment of Post-Judgment Motion and Directing Opening of New Civil Action.the clerk shall open a new civil action in the Indianapolis Division and redocket the motion, dkt. 397 , as the defendant's motion for relief pursuant to 28 U.S.C. 2255.The Nature of Suit of the new civil action will be 510 and the Cause of Action will be 28:2255. A copy of this Entry shall likewise be docketed in the newly opened action. Signed by Judge Tanya Walton Pratt on 03/06/2023.(DRB)
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| Petitioner: ROBERTO CRUZ-RIVERA | |
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