Neihart v. United States of America

Justia Dockets & Filings Tenth Circuit New Mexico District Court Neihart v. United States of America

Neihart v. United States of America

Plaintiff:	Robert O'Dell Neihart
Defendant:	United States of America
Case Number:	1:2016cv00708
Filed:	June 25, 2016
Court:	US District Court for the District of New Mexico
Office:	Albuquerque Office
County:	Bernalillo
Presiding Judge:	William P. Johnson
Presiding Judge:	Kirtan Khalsa
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
August 28, 2017	Filing 23 ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION by District Judge William P. Johnson. IT IS HEREBY ORDERED that: 1) Petitioner's counsel's Motion to Withdraw 17 is GRANTED; 2) Petitioner's first M otion to Resubmit an Incorporated Memorandum of Law Supporting the Currently Pending 2255, Petition 20 is DENIED; Petitioner's second Motion to Resubmit an Incorporated Memorandum of Law Supporting the Currently Pending 2255, Petition 22 , is also DENIED; 4) The Magistrate Judge's Proposed Findings and Recommended Disposition, 15 , is ADOPTED; and 5) Petitioner's 28 USC 2255 Motion to Vacate Sentence, 1 , is DISMISSED WITH PREJUDICE. (kg)
June 30, 2017	Filing 15 Proposed Findings and Recommended Disposition by Magistrate Judge Carmen E. Garza. The Court RECOMMENDS that 1 Plaintiff's MOTION to Vacate, Set Aside or Correct Sentence under 28 U.S.C. 2255 (and Johnson v. United States) be DENIED as outline d in the Proposed Findings and Recommended Disposition. Objections to PF&RD due by 7/14/2017. Add 3 days to the deadline if service is by mailing it to the person's last known address (or means described in Fed. R. Civ. P. 5(b)(2)(D) and (F)); if service is by electronic means, no additional days are added. (Fed. R. Civ. P. 6(d); Fed. R. Crim. P. 45(c).) (jrt)

Date Filed

Document Text

August 28, 2017

Filing 23 ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION by District Judge William P. Johnson. IT IS HEREBY ORDERED that: 1) Petitioner's counsel's Motion to Withdraw 17 is GRANTED; 2) Petitioner's first M otion to Resubmit an Incorporated Memorandum of Law Supporting the Currently Pending 2255, Petition 20 is DENIED; Petitioner's second Motion to Resubmit an Incorporated Memorandum of Law Supporting the Currently Pending 2255, Petition 22 , is also DENIED; 4) The Magistrate Judge's Proposed Findings and Recommended Disposition, 15 , is ADOPTED; and 5) Petitioner's 28 USC 2255 Motion to Vacate Sentence, 1 , is DISMISSED WITH PREJUDICE. (kg)

June 30, 2017

Filing 15 Proposed Findings and Recommended Disposition by Magistrate Judge Carmen E. Garza. The Court RECOMMENDS that 1 Plaintiff's MOTION to Vacate, Set Aside or Correct Sentence under 28 U.S.C. 2255 (and Johnson v. United States) be DENIED as outline d in the Proposed Findings and Recommended Disposition. Objections to PF&RD due by 7/14/2017. Add 3 days to the deadline if service is by mailing it to the person's last known address (or means described in Fed. R. Civ. P. 5(b)(2)(D) and (F)); if service is by electronic means, no additional days are added. (Fed. R. Civ. P. 6(d); Fed. R. Crim. P. 45(c).) (jrt)

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Plaintiff: Robert O'Dell Neihart
Represented By:	Kari Converse
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Defendant: United States of America
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