Neihart v. United States of America
||Robert O'Dell Neihart
||United States of America
||June 25, 2016
||US District Court for the District of New Mexico
||William P. Johnson
|Nature of Suit:
||Motions to Vacate Sentence
|Cause of Action:
||28 U.S.C. § 2255
|Jury Demanded By:
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|August 28, 2017
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
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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